TO SİLİVRİ CRIMINAL JURISDICTION
To be sent
TO SİLİVRİ GENERAL PROSECUTION OF THE REPUBLIC
Investigation No: 2021/…..
Client : …. ….. (TC Identification number: ………..)
Deputy: Atty.
Alibey Mah. Turgut Ozal Blv. No: 28/3 Silivri/İSTANBUL
Tel : 0553 351 62 23
Suspicious : …. …………. (TC Identification number: ………..)
Subject : This is the presentation of our objections to the decision of Silivri Chief Public Prosecutor’s Office on the No Place for Prosecution with the decision numbered 2021/….. Investigation, dated …/…/2021 and numbered 2021/……..
Crime : Theft
Descriptions :
Upon our complaint dated …/…/2021, which we submitted to the Silivri Chief Public Prosecutor’s Office, in our file numbered 2021/… With the Decision No. 172/1 of the CMK, it was decided that there is no room for prosecution. This decision is against the procedure and the law, and we have to present our objections in this regard. Namely;
The suspect entered the real estate owned by our client and committed theft by removing the television, refrigerator, mobile phone, computer and washing machine in his residence without our client’s consent. In this regard, the report, which is within the scope of the file, that the fingerprint samples taken from our client’s residence and the suspect’s fingerprint samples overlap, proves the accuracy of our claims.
Despite this report, as a result of the investigation carried out by the Office of the Chief Public Prosecutor, it was decided that there was no ground for prosecution on the grounds that there was no concrete evidence showing that the suspect committed the alleged crime. We cannot accept this decision. Because the concrete evidence in the file was ignored by the prosecution. In addition, the witness statements that the suspect entered our client’s residence also prove the accuracy of the allegations.
In the light of the foregoing, it is against the procedure and the law that the decision not to prosecute directly without conducting an effective investigation into the incidents in the file. While a public lawsuit should be filed against the suspect by issuing an indictment, it is against the law to decide not to prosecute.
With the acceptance of our objection with the reasons presented and explained, we respectfully request that the decision of the Silivri Chief Public Prosecutor’s Office dated …/…/2021, 2021/….. Investigation, 2021/…… Thank you.
Result and Request:
With the acceptance of our objection, within the framework of the reasons explained above and the issues to be observed ex officio, the decision of the Silivri Chief Public Prosecutor’s Office dated …/…/2021 and numbered 2021/….. Investigation, 2021/….. We respectfully request and supply by proxy that it be DECIDED TO OPEN.
Appealing the Decision
Attorney for the Complainant