TO THE HONORABLE CRIMINAL JUDGESHIP OF PEACE OF …
OBJECTOR : T.R. IDENTITY NUMBER : ADDRESS : DEFENSE COUNSEL : ADDRESS :
SUBJECT : Our objection against the joinder decision (birleştirme kararı) of the Office of the Chief Public Prosecutor of …, dated …/…/… and numbered …/…, served on …/…/….
EXPLANATIONS :
1-) Following the examination conducted on the investigation files numbered …/… Inv. and …/… Inv., the Office of the Chief Public Prosecutor of … decided to join the files on the grounds of legal and factual connection (hukuki ve fiili irtibat) between the preparatory documents. It was decided to close the registry of file no. …/… Inv. and conduct the proceedings through file no. …/… Inv. Although this joinder decision dated …/…/… and numbered …/… was served on …/…/…, it is not possible for us to agree with this decision, nor is it in accordance with the law.
2-) For a joinder decision to be rendered between files, there must be a commonality regarding at least one of the individuals in the position of a “suspect”; in other words, at least one person must be involved as a “suspect” in each of the files intended to be joined. However, while our client is a suspect in file no. …/… Inv., he has no such status in the other file and was only consulted as a witness. This fact has been overlooked. This situation will be evident upon your Court’s examination of the files.
3-) For the reasons explained above, it has become necessary to request the annulment of the joinder decision of the Office of the Chief Public Prosecutor of … dated …/…/… and numbered …/…, and the referral of the file back to the relevant Chief Public Prosecutor’s Office for the fulfillment of this matter.
LEGAL GROUNDS : Criminal Procedure Code (CPC) No. 5271, Articles 8-11 and related legislation.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully submit and request on behalf of the defense that the joinder decision of the Office of the Chief Public Prosecutor of … dated …/…/… and numbered …/… be annulled, and the file be returned to the relevant Chief Public Prosecutor’s Office for the fulfillment of this matter. …/…/…
Counsel for the Objector Atty. [Name Surname]