… TO THE PRESIDENCY OF THE CRIMINAL COURT,
File: … / … E.
Subject: our petition includes our arguments on the merits.
1 -) in the session of your court … dated, regardless of the fact that the prosecutor’s office has given an opinion on the basis, our arguments on the basis that we submitted during the period given to us in the same session dated are as follows.
2 -) first of all, we would like to point out that 5237 is the 252 of the Turkish Criminal Code. the crime subject to the case, which is regulated in Article 4 of the civil servants Law No. 657. it is a crime specific to persons performing public duties defined in the article and other officials who are equivalent to these persons by explicitly stating in the same article. However, the client is not included in any of these counts in terms of the task that the defendant is carrying out. We believe that there was a false qualification by the prosecution in this regard.
3 -) the benefit allegedly provided as a bribe to the accused client, even if it is thought that the qualification performed for a moment is correct, is provided for the purpose of encouraging him to perform or not perform his duty, and is not a reward conducive to fulfilling this purpose, but a mutad gift intended to celebrate him because of his new duty. However, no assessment has been made by your court, either directly or through an expert witness, as to whether this is the case.
4-) moreover, in the history of crime and the previously discussed recognize that other defendant/accused to him by or in relation to the task to fulfill the requirements of the task to lead a suggestion as long as you are not to bring the other defendant/There is not an explicit or implicit agreement made by the accused. The other accused / defendants have asked the client to mediate the meeting they intend to make only in relation to a matter with the off-case … who is above him within the organization in which he serves. In this regard, the client does not have any suggestion made by the defendant to the other defendant/defendants and/or off-case …nor does he have any promises made. The client has made it clear to the other defendant/defendants that he will speak to the defendant …out of the case upon this request addressed to him, but that he will not make any assessment as to whether such an interview will be accepted. This is also confirmed by the statements of the other defendants and those who were there at the time and were listened to by your court as witnesses. Therefore, the spiritual element of the alleged crime was not formed.
5-) in addition to all that, we wish to emphasize the other defendant for a moment his/her business bribery defendants intend gordurme even they thought in this way, the targeted subject entirely to his client that the accused is a topic that is outside the definition of powers and duties, and the other defendant/accused from the case they want to see, even in accordance with the principles and rules of business, or to decide on this issue alone is authorized to make the transaction. This issue has also not been properly investigated.
6 -) however, it is not possible to participate in the opinion of the prosecutor’s office, which includes the opinion that the client accused should be punished in accordance with the relevant article of the law for the crime of bribery thrown at him.
Conclusion and request: for the reasons we have tried to explain above, I will supply and request by proxy that the accused client be acquitted of the bribery charge laid on him, and if your court reaches the opposite conclusion at the end of the evaluation, the decision to apply the legal provisions and legal reasons for the discount that are in favor of the accused client…/…/…
Defence Of The Accused