Request to Appeal the Arrest Decision
SERIK TO THE CRIMINAL JUSTICE OF PEACE,
Query File No : …/…
TO THE ARREST DECISION
OBJECTING SUSPECT : TC No:
THE DEFENDER :
DATE OF ARREST :
OUR EXPLANATIONS
1-) My client is a suspect, …/…/….. on his date, he was arrested in accordance with the arrest warrant issued through the interrogation file of your court, the number of which is indicated above.
2-) Taking into account the statements of my client and the evidence available in the file, my client, in accordance with the provisions of the … Turkish Penal Code .. it will be clearly seen that the material and moral elements of his crime were not formed.
3-) Moreover, for the arrest of my client, 100 of the Code of Criminal Procedures No. 5271. the conditions stipulated in the article have not been formed either. Firstly, there is no ‘strong suspicion’ that the act in question was carried out by my client. In addition, my client is a businessman who owns a workplace, has a family and a fixed residence, is a well-known person around. Nor is he in a position to make an attempt to escape and/or eliminate or hide evidence during the investigation phase.
4-) For the reasons explained, there has been a need to object to the said arrest decision with this petition.
LEGAL REASONS : 5271 P. K. m. 100, 101.
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, we request by proxy that the arrest warrant against my client, the suspect, be lifted and a decision be made to release him. …/…/…
Suspicious Defender
Lawyer.
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