… TO THE PRESIDENCY OF THE HIGH CRIMINAL COURT
OBJECTING INTERVENOR:
REPRESENTATIVE:
DECISION SUBJECT TO OBJECTION: The decision of the … Criminal Court dated …/…/… with case number …/… and decision number …/….
SUBJECT: This is our petition containing our objections to the decision of the … Criminal Court dated …/…/… regarding the defendant … …, with case number …/… and decision number …/…, concerning the postponement of the announcement of the verdict.
EXPLANATIONS
1-) While we do not find the decision of the … Criminal Court dated …/…/… to postpone the announcement of the verdict against the defendant … …, following the trial for the crime of …, to be in accordance with legal regulations and law, we cannot agree with the decision. Specifically;
2) According to Article 231 of the Code of Criminal Procedure No. 5271, in order for a decision to postpone the pronouncement of the sentence to be made, the following conditions must be met: the sentence imposed must be imprisonment for two years or less, or a judicial fine; the defendant must not have been previously convicted of an intentional crime; the court must be convinced, taking into account the defendant’s personality traits and demeanor during the trial, that the defendant will not commit another crime; and the damage suffered by the victim or the public as a result of the crime must be fully remedied through restitution, restoration to the pre-crime state, or compensation. As can be seen, in order for a decision to postpone the pronouncement of the sentence to be made against the defendant, all four conditions must be met simultaneously, and the court must form an opinion by evaluating all four conditions.
3) Although the sentenced punishment is … months and the defendant … … has not previously been convicted of an intentional crime, the court did not make an assessment regarding whether it was convinced that the defendant would not re-offend, considering the defendant’s personality traits and demeanor during the trial, and whether the damage suffered by our client as a result of the crime was compensated. The judgment also lacks any justification regarding these conditions required by law.
4) During the trial, the defendant … … made threatening statements against our client at the hearing on …/…/…, and this was recorded in the trial minutes as a result of our insistence. Although the defendant’s disruptive behavior continued in subsequent hearings, we were unable to record these in the trial minutes. If necessary, the individuals … … and … … who were observing the trial can also be heard to verify this fact. Despite this, the esteemed court did not consider the defendant’s behavior, and the reasoned judgment made no assessment regarding the legal requirement of “being convinced that the defendant will not re-offend.” This situation is also contrary to the provisions of Article 232 of the law.
LEGAL GROUNDS: Law No. 5271, Articles 231, 232.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request and demand, on behalf of our client, that the judgment rendered by the … Criminal Court be reconsidered, that the decision to postpone the announcement of the verdict against the defendant … … for the crime of … be revoked, and that, for the reasons mentioned in the explanations section, it be decided that “there is no basis for postponing the announcement of the verdict” and that the sentence of … months imprisonment given to the defendant be announced. …/ …/ …
Intervening Party ……. Representative
Regarding.
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