ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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TO ANKARA ADMINISTRATIVE COURT ON DUTY
REQUESTED TO STOP THE EXECUTION
HEARING IS REQUESTED
PLAINTIFF: Sezer ÖNAL - TR ID ID NO
ADDRESS
DEPUTY: Hunting. Tolunay UĞUR
The address is on the letterhead.
DEFENDANT: MINISTRY OF JUSTICE
Milli Müdafaa Cad. Kızılay, 06420 Çankaya/Ankara
SUBJECT : It is a petition consisting of a request to cancel the process of being deemed unsuccessful in the oral interview exam held on 21.03.2023 by the X Presidency, which operates within the defendant administration, and to suspend its execution.
WRITTEN EXAM DATE: 25.12.2022
INTERVIEW DATE: 21.03.2023
INTERVIEW RESULT
ANNOUNCEMENT DATE: 15.06.2023
DESCRIPTIONS
1) I was entitled to participate in the oral exams by getting 77.26591, 79.27178, 87.59469 and 89.85764 points from the X written exams held in the 2019, 2020, 2022 and 2022/2 periods, respectively. However, I learned from the website of the X Presidency that I was eliminated from all the oral exams held during the mentioned periods. Thereupon, within the scope of the right to information stipulated by the Law on Freedom of Information No. 4982, I applied to the Presidency of In the response letter I received upon my application: "Since the oral examination process is an administrative procedure, you have the right to file an administrative lawsuit against administrative procedures within the periods specified in the Administrative Procedure Law No. 2577." A brief explanation was sufficient.
2) First of all, I find it useful to point out that the administrative action regarding my failure in the oral interview exam I attended on 21.03.2023 is clearly unlawful in terms of reason and purpose. Namely;
3) In the interview held in front of the X Presidency Oral Examination Board, it was not recorded what kind of answers the client gave to the questions asked, which would allow effective control over the objectivity of the evaluation. Although the client participated in the same exam for the fourth time and ranked 47th in Turkey in the last exam he attended, the client was found to be a complete failure without any justification and was always left out of the final success list. The fact that the exam was not conducted according to objective criteria was especially effective in being considered unsuccessful in the interview exam. Because it is not clear and understandable on which criteria the evaluations are made. In addition, the exam was not administered in accordance with the form and procedure specified in the relevant regulation. The questions asked to the client are issues that concern the client's private life rather than measuring his professional knowledge, suitability for the profession, ability to express, reasoning power and merit. In addition, in the last minutes of the interview, he gave correct answers to the two questions posed to the client, without any obvious errors. (Question 1: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ?)
(Question 2:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ?) Despite the correct answers given by the client, this situation was ignored while scoring and a completely subjective evaluation was made, far from objective reality, and very low scores were given by each board member in order to exclude the client from the final success list, and these scores are given in Annex-2 and Annex -3 were recorded separately on the Evaluation Forms. (We request the defendant administration to summon Annex-2 and Annex-3 Candidate Evaluation Forms.)
4) As can be seen, the principle of public openness and transparency was violated by the relevant administration, the principle of equality was not taken into account, and each candidate was treated differently. The client's right to enter public service was taken away without a valid and reasonable reason. Since the oral examination board is open to political influences, it made its evaluation based on political criteria. The client was found unsuccessful in the interview by the relevant administration without any valid reason. The administration abused the discretion granted to it and excluded the candidates it had previously determined by using the low scoring method, and included the candidate it wanted in a completely arbitrary manner, without complying with the principle of merit. Considering the way the examination was conducted (the idea that the limited judicial review of oral interviews can be carried out gives the administrations an almost unlimited discretion, thus leading to favoritism), it is aimed to prevent the client's freedom to seek justice in this way. However, it should be the duty of the law-abiding administration to ensure that the infrastructure that will provide judicial review of the process of being deemed unsuccessful in the oral exam is created with all its elements.
5) Exam types other than written exams, especially oral exams and interviews, are criticized because they lead to subjective evaluations, provide almost unlimited discretion to the administrations as a result of their limited judicial review, and thus lead to favoritism. The adoption of the merit system in the Constitution without any exceptions requires objective evaluation of the exams that measure the qualifications required for the job in the recruitment of public officials. It is clear that written exams, especially those conducted in the multiple-choice test type, are more objectively evaluated and judicial review is easier than oral or interview exams. For this reason, the written exam should be adopted as the main examination method. Beyond the adoption of the main exam as a method in doctrine, Constitution Art. It is also argued that in order to put Article 70 into concrete practice, the central written competitive exam should be determined as the only criterion for entering public service, and the oral exam and interview system should be completely abolished because it is not objective.
6) It is seen that the Council of State does not adopt the approach of the Constitutional Court, which grants wide discretion. A strict audit was carried out especially in the period between 2008 and 2013. In its decision in 2007, at a time when the change in jurisprudence adopted between 2008 and 2013, which will be examined below, had not yet been fully realized, the Council of State recommended that an oral exam be envisaged in addition to the written exam for promotion in positions where the principle of merit is adopted, as in the recruitment of public servants, "...written, which is an objective selection method." It found it unlawful to prescribe an 'oral exam' other than the exam, which is closed to judicial review and whose content, scope and evaluation principles are unclear. The written exam, which is given first and in which professional knowledge is measured objectively, should be the most important threshold and should not be visible or rendered ineffective.
7) Providing access to administrative documents serves to protect the rights of those who are governed. By providing this opportunity to individuals, the administration is freed from closedness and openness and participation are realized. In this respect, providing the opportunity to access administrative documents is also a requirement of the right to defense and to be heard. Although the right to access documents can be considered within the scope of defense rights, it is broader than that. Namely, while the right to access the documents in the possession of the administration in the exercise of the right of defense is only granted to the person who will defend and is for the transaction established, the right to access documents is a right granted to everyone without any subject limitation. As a matter of fact, in the "Decision on the Protection of the Individual against the Actions of the Administration", these two rights are regulated independently of each other. The most important reason for secrecy and confidentiality in management is that administrative decision-making authority is a derivative of the use of public power and managers refrain from sharing this power. However, informing the individual about the transaction and ensuring that he/she expresses his/her opinions while the transaction is being established will prevent the relevant person from going to court if he/she finds the decision correct, and thus will serve a preventive function of judicial disputes. In its recommendation decision taken in 2002 (Recommendation of the Committee of Ministers of the European Union to Member States on Access to Official Documents), the Committee of Ministers of the European Union recommended that member states make the necessary legal and de facto changes in terms of accessing official documents.
8) While access to information and documents is a right for individuals, the principle of transparency is an obligation for the administration. Transparency regarding information and documents in the administration constitutes the source of the right to information. In accordance with the principle of transparency in the administration, the administration's duty to provide information necessitates the removal of legal texts that prohibit public officials from providing information to outsiders. Within the scope of transparency in the administration, the fact that the decision-making mechanism and the path to be followed in this regard are tied to certain procedures is not sufficient on its own for the state power to be restrained and pulled into the legal arena and the law to prevail. In addition, the right to information must also be ensured.
9) Transparency in the administration means that all kinds of actions taken by the administration are bound to a certain procedure by legal regulations; It is a principle that includes the right of individuals to request the transmission of all kinds of information and documents that are of interest to the administration and that are not considered as state secrets, to be informed of the decision-making process of the administration, and to participate in and influence their formation.
10) It does not seem possible to realize the rule of law without the material and formal requirements of the rule of law. Even if all these requirements are present, if there is no transparency and the right to information, it does not seem possible for the rule of law to be realized and the law to prevail. In more concrete terms, it is only possible for the trial to be conducted by a court, for the courts to be independent in that they do not receive orders from another person or body and to be outside the sphere of influence of the parties and especially the executive body, and for the requirements of the right to a fair trial to serve the realization of justice only with the existence of transparency and the right to information. . Because making the freedom to seek rights possible depends on people being informed that their rights have been violated. A person who does not know that his rights have been violated cannot take the necessary action to exercise judicial control. In fact, the effectiveness of other control mechanisms is directly related to the recognition and functionality of this right. In particular, it will create constitutive sets that will prevent any information-document inspection to be hidden from political and administrative control bodies within the scope of trade secret or state secret from producing positive results. Being able to seek justice and eliminate legal violations necessitates that individuals have access to all kinds of information and documents available to the administration. If the administration will be the defendant and will only give the information they choose from the file they have, and will not give more than that; It is not possible to ensure equality and justice in that case and to eliminate the violation.
11) In the 2nd article of our Constitution titled "Characteristics of the Republic"; “The Republic of Turkey is a democratic, secular and social State of law, within the understanding of social peace, national solidarity and justice, respecting human rights, adhering to Atatürk's nationalism, and based on the basic principles stated in the beginning.” provision is included.
12) From the concept of the rule of law; It is understood that the State provides legal protection to all real or legal persons living on the territory over which the State has sovereignty, without discrimination, and when they are subjected to unlawful treatment, effective means are provided to remedy the loss of material rights or moral damage caused by this treatment.
13) In order to fully ensure this legal protection; In Article 125 of our Constitution; “Judicial remedies are open against all kinds of actions and transactions of the administration.” A mandatory provision is included.
14) What is meant by the openness of the judicial remedy in the aforementioned Article 125 is not only the formal recognition of this remedy, but also the provision of effective supervision.
15) For this reason, it is essential to carry out judicial review of the process of being deemed unsuccessful in the oral exam in terms of authority, form, reason, subject and purpose, as in the judicial review of all administrative transactions. A judicial review limited to purely procedural elements of the administrative act, such as authority and form, will not provide the assurance provided by the principle of the rule of law.
16) In Article 3 of Law No. 657, the principles of "classification", "career" and "merit" are determined as the basic principles of this Law; The career principle is to provide civil servants with the opportunity to advance to the highest grades within their classes, in accordance with the necessary knowledge and training conditions for their services, and the merit principle is to base entry into State public service positions, advancement and promotion within classes, termination of duty on the qualification system, and the system's It is defined as ensuring security for civil servants in its implementation with equal opportunities.
17) As can be seen, the Law accepts the civil service as a profession and stipulates that they should be provided with the opportunity to advance to the highest grades within their classes, and that their requests for advancement and promotion within classes should be based on the merit system.
18) The basis of these two principles lies in the concept of delegation of work to competent people within the framework of objective rules and the concept of deservingness, and it is obvious that the only guarantee of effective and efficient performance of public services is that the service is performed by trained and competent public officials.
19) It should be essential that the oral examinations for public services to be carried out by competent and trained public officials be conducted in accordance with career and merit principles, in an objective manner, and at the same time, in a way that allows judicial review in terms of authority, form, reason, subject and purpose. As a matter of fact, in accordance with paragraph (1/a) of Article 2 of the Administrative Procedure Law No. 2577, in annulment cases, it is mandatory for administrative transactions to be subject to judicial review in terms of authority and form, reason, subject and purpose. Therefore, it is the duty of the law-abiding administration to ensure that the infrastructure that will provide judicial review of the process of being deemed unsuccessful in the oral exam is created with all its elements.
20) As it is known, Article 27 of İYUK No. 2577 regulates the stay of execution. Accordingly, although filing a lawsuit in the Council of State or Administrative Courts does not stop the execution of the administrative action in question, the Council of State or administrative courts may decide to stay the execution by citing justification if the administrative action is implemented, causing irreparable or impossible damages and the administrative action is clearly unlawful. Implementing the procedure while the trial is ongoing and then canceling the procedure often causes individuals to suffer damages that are difficult or impossible to repair. An individual who cannot fully secure his interests by filing a lawsuit will request a stay of execution, which is an effective way to supervise the administration and prevent arbitrariness. Otherwise, the action may be taken until the end of the case and new damages may arise in the meantime. The stay of execution decision, which is a judicial action in the nature of a protective measure that postpones the implementation of the transaction, aims to stop the implementation of the transaction and restore the situation before the implementation of the transaction. With this decision, the presumption of legality of the relevant transaction is temporarily suspended. In the light of these explanations, in order to decide on the stay of execution;
- Clearly unlawful,
- If the administrative action is implemented, the conditions that will result in damage that is difficult or impossible to repair must be met.
21) In case the administrative process of being deemed unsuccessful is applied to the client, my client BECAUSE IT WILL BE IN A STATE OF INABILITY IN TERMS OF PROFESSIONAL AND REPUTATION IN ADDITION TO THE ECONOMIC LOSS.Even if it is proven right at the end of the trial, it is clear that if the stay of execution is not decided, irreparable multifaceted damages will occur. In this respect; until the end of the trial, in favor of the client regarding the transaction that is contrary to procedure and law. DECIDING TO SUSTAIN THE EXECUTION, will be accurate in the eyes of your Honorable Court.
22) Due to the reasons and justifications we have presented and explained above, it has become necessary to apply to your esteemed Court for the annulment of the administrative action taken against the procedure, law, legislation, the Constitution, national and international agreements.
LEGAL REASONS : İYUK No. 2577, Constitution, Law on Access to Information No. 4982, European Convention on Human Rights, Civil Servants Law No. 657, Ministry of Justice X Regulation, International legislation to which we are a party and other relevant legislation.
LEGAL EVIDENCE: Annex-2 and Annex-3 Candidate Evaluation Forms kept by the X Presidency Oral Examination Board, relevant decisions of the Ankara 12th Administrative Court, Final Success Results of the All other legal evidence that can be substituted
CONCLUSION AND REQUEST: Considering the reasons explained above and other issues to be determined ex officio by your esteemed court;
1) First of all, in order to prevent irreparable and impossible damages, the process of failing the client in the oral interview exam is considered. CANCELLATION AND SUSPENSION OF EXECUTION of our will ACCEPTANCE
2) Failure of the client in the oral interview exam TO BE CANCELED AS A RESULT OF THE INVESTIGATION TO BE CONDUCTED WITH A HEARING,
3) We respectfully request and request that the trial expenses and attorney fees be left to the defendant administration. 28.08.2023
PLAINTIFF ATTORNEY
Hunting. Tolunay UĞUR
ANNEXES:
1- Ministry of Justice X Regulation
2- CIMER application number #354983512151
3- X Exam Final Success Results Dated 25 December 2022
4- Decision of the Ankara 12th Administrative Court dated 15.05.2017, numbered 2016/4443, decision number 2017/1446
5- The decision of Ankara 12th Administrative Court dated 21.12.2018 with the basis number 2018/2658 and decision number 2018/2516
6- Approved Power of Attorney Sample
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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ANKARA …..FAMILY COURT
TO THE JUDICIAL
Precautionary Measure Requested with Tensile
FILE NUMBER : 2023/1453 Principles
DEFENDANT:Semiha AYTAÇ –TR ID NUMBER
ADDRESS
DEPUTY: Hunting. Tolunay UĞUR,
The address is on the letterhead.
PLAINTIFF: Nurettin AYTAÇ – TR ID ID NUMBER
ADDRESS
DEPUTY: Hunting. X
ADDRESS
SUBJECT : Our petition consists of our request for the liquidation of the property regime.
CASE VALUE:For now, without prejudice to our rights regarding excess
1000 TL (Expense Basis Value)
DESCRIPTIONS
1) After the client and the defendant got married on 07.06.2013, the client and the defendant could not continue their happiness in the first years of their marriage, and as their increasing quarrels became unbearable, the plaintiff spouse filed a divorce case against the client in Ankara X Court on 20.07.2023, based on the file numbered 2023/1453. This case continues to be heard.
2) Although it is a prerequisite for a divorce decision to be made and the decision to be final for the liquidation of property regime case to be heard, there is currently a legal benefit in filing this case. Namely, as is generally done in our country, there is a possibility that the plaintiff may transfer the assets that will be subject to liquidation to others in a collusive manner in order to prevent the client from gaining his rights. In this case, an interim measure to prevent the transfer of the vehicle and any assets that may be subject to liquidation, which are revealed during the investigation stage and which are unknown to us, will facilitate the client's recovery of his rights arising from the liquidation of the property regime. The practice of the Supreme Court is that the case for liquidation of the property regime can be filed after the divorce case is filed, but the finalization of the divorce case should be made a pending matter in order for this case to be heard.
3) According to the Turkish Civil Code No. 4721, as of 01.01.2002, property division in case of divorce is carried out according to the principles of "participation in acquired property regime". Accordingly, each spouse has the right to claim half the value of the other spouse's property, which is considered "acquired property" during the marriage. This receivable right is the participation receivable right. Property division in divorce is, as a rule, based on the principle of sharing the property acquired during the marriage. Accordingly, each spouse has the right to claim half the value of the other spouse's property, which is considered "acquired property" during the marriage.
4) The marriage between the parties took place on 07.06.2013. The parties have not made a separate property regime agreement between themselves. For this reason, the property regime in question is the Participation in Acquired Property Regime. Because, as of 20.07.2023, the date on which the divorce case was filed, the valid property regime between the parties has ended. On this date, when the regime of participation in acquired assets ends, the plaintiff client does not have any asset value that can be taken into account in the liquidation of the property regime. Since the existing assets could not be shared in an agreed manner, it became necessary to file this countersuit in your esteemed court for the purpose of Liquidation of the Property Regime. The movable and immovable property values that the parties have acquired and need to be shared are explained in detail below. Namely;
While the parties continue their marital union;
- A) They purchased the real estate, which is an Independent Section (Flat) located at address The real estate in question is registered in the title deed in the name of the plaintiff spouse.
- B) While the defendant client met the needs of the house with the income he earned from his work, the plaintiff spouse saved his earnings during the marriage in his bank account. TMK article 219 what's ACQUIRED GOODS It was deemed to be. Article 219- “…Acquired property is the asset values that each spouse has acquired by paying for them during the continuation of this property regime. The acquired assets of a spouse are particularly: 1. Acquisitions in return for his work…” Therefore, the plaintiff spouse's acquisitions within the marriage union in return for his work are acquired property and must be taken into account in the liquidation in question. Especially the plaintiff spouse YAPI KREDİ BANKASI in deposit account approx. 000,000 TL Even though the last client had this information about the defendant's bank accounts, the defendant spouse may have transferred his current savings in his bank accounts in order to reduce the client's participation receivables. TMK article 229/2 We request that it be taken into account in the calculation as the value to be added accordingly. MY CLIENT HAS BECOME OBLIGED TO REQUEST MEASURES TO BE IMPOSED TO THE BANKS NOTIFIED BY US AND THE BANK ACCOUNTS REGISTERED IN THE NAME OF THE DEFENDANT THAT WILL BE REVEALED AS A RESULT OF THE INVESTIGATION TO BE CONDUCTED BY YOUR COURT. WE REQUEST THAT THE MONEY IN SAID BE TAKEN INTO CONSIDERATION IN THE LIQUIDATION ACCOUNT. We request that bank records and other values that we can identify on behalf of the defendant in the later stages of the case be calculated in the liquidation due to liquidation.
LEGAL REASONS : TMK No. 4721 art.202,214,225,227,235, 4722.SKm1
LEGAL EVIDENCE:
1) The title deed record of the real estate located at address
2) Bank accounts belonging to the defendant spouse
3) Discovery
4) Expert
5) Witness
6) And all other evidence
CONCLUSION OF THE DEMAND: Provided that our rights regarding the surplus are reserved for the reasons we have presented and explained above and which will be observed ex officio by your esteemed court;
1) Our rightful cause will be proven through the reasons presented and explained and the evidence to be presented. ACCEPTANCE
2) The bank accounts, movable and immovable properties of the defendant spouse, which we have stated in our petition and which will be determined by your esteemed court, are subject to legal action within the scope of TMK.219/1. TO TAKE PRESENT MEASURES
3) It will be determined as a result of the investigation of the plaintiff spouse's financial situation and the properties and bank accounts registered in his name, by finding the total value of the acquired properties and gains of the parties, including the values to be obtained from addition and equalization, and subtracting the debts related to them, and then exchanging the values to be found as a result of adding the residual value. The client's share of the goods registered in his name and their acquired values IT IS DECIDED THAT CONTRIBUTION, PARTICIPATION, VALUE INCREASE SHARE AND RESIDUAL VALUE RECEIVABLES WILL BE CALCULATED THROUGH AN EXPERT AND THAT 1,000 TL WILL BE PAID TO THE DEFENDANT CLIENT FOR NOW, PROVIDED THAT OUR RIGHTS REGARDING THE EXCESS ARE RESERVED.
4) The real estate, which is an Independent Section (Flat) located at address The real estate in question is registered in the title deed in the name of the defendant spouse. First of all, in order to learn the detailed title deed information of the real estate, a warrant must be written to the relevant Land Registry Office and to prevent the disposal of the real estate in question. IMPOSING PRECAUTIONARY MEASURES BASED ON PRECAUTIONARY LIEN TO PREVENT SALES
5) There is a deposit account registered in the name of the defendant at Yapı Kredi Bank, where the parties made savings during the marriage. Learn the amount in the deposit account by writing a warrant to the bank in question, and TO TAKE MEASURES FOR ASSETS
6) In order to learn all the deposit accounts registered in the name of the defendant spouse, a memorandum is written to the Banks Association of Turkey to learn the amount in the deposit accounts and TO TAKE MEASURES FOR ASSETS
7) Account statements of the defendant's bank accounts (primarily Yapı Kredi Bank and all bank accounts that are outside the knowledge of the client and will be revealed as a result of the investigation to be carried out by your court) from the date of marriage to the present, in order to determine the amount of money to be subject to liquidation. SUMMON TO YOUR DEAR COURT
8) By searching the bank information registered in the name of the defendant, accessing the bank accounts in which the defendant has an account BLOCKING AS A PRECAUTIONARY
9) In order to secure the entire amount of our client's receivables as a result of the liquidation, first of all, an injunction should be issued to prevent the transfer of movable and immovable properties to third parties and to remove the authority to carry out other disposition transactions, without the client's knowledge, until the decision is finalized, without collateral, and which will be revealed as a result of the investigation to be carried out by your court, and UYAP via system IMPLEMENTATION OF A PRECAUTIONARY COURT IN THE BASIS OF PRECAUTIONARY LIEN TO PREVENT SALE
10) TRIAL EXPENSES and in accordance with the 164/last paragraph of the Attorneyship Law No. 1136, as amended by Law No. 4667. TO DECIDE TO COLLECT THE OPPOSITE PARTY'S ATTORNEY FEES FROM THE DEFENDANT We respectfully request and request.
28.07.2023
PLAINTIFF ATTORNEY
Hunting. Tolunay UĞUR
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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ANKARA …..FAMILY COURT
TO THE JUDICIAL
FILE NUMBER : 2023/6666 E.
PLAINTIFF: Lina TÜRKÖZÜ -TR ID NUMBER
ADDRESS
DEPUTY: Hunting. Tolunay UĞUR
The address is on the letterhead.
DEFENDANT: Sefer TÜRKÖZÜ –TR ID NUMBER
ADDRESS
SUBJECT :This is our petition containing our demands for divorce, custody, alimony, material and moral compensation due to the fact that the marriage union was shaken from its foundations as a result of the defendant spouse's faulty behavior.
DESCRIPTIONS
1) Client Lina TÜRKÖZÜ and Defendant Sefer TÜRKÖZÜ got married on 8.11.2005 and they had joint children named Miray and Tuana. The defendant spouse has given my client a very difficult time due to his gambling addiction since the first day of his marriage, and has tried to abuse my client's good will every time, stating that he will offer my client a comfortable and peaceful life with the money he earned from gambling.
2) The defendant spouse was not content with just this bad habit, ignored his obligations arising from the marriage union, remained indifferent to meeting the basic needs of both the client and the joint children, completely moved away from his fatherly role, and preferred to retreat into his own shell and escape from his responsibilities. Despite all these negativities he experienced, the client showed as much patience to his wife as he could and continued his life struggle in order to keep his marriage alive and offer a better future for his children, with the hope that his wife's attitude and behavior would return to normal over time.
3) Approximately one year before the date of filing of the case, the defendant spouse completely lost her self-control and beat the client in front of the joint children. (ANNEX-1) One of the most important reasons why the joint children feel hatred towards their father is undoubtedly due to this situation we have mentioned.
4) In addition to physical violence, my client was also subjected to economic violence by the defendant's wife. As we will state in the annex of our petition, the defendant spouse made multiple money transfers to the gambling and betting sites in question at different times, and due to the delays in their repayments, the client had to face a large amount of debt.(ANNEX-2) In fact, just for this reason, the parties bought securities due to their accumulated gambling debts. (jewelry worn at the wedding) and real estate (family residence, field) They had to sell their assets.
5) The defendant spouse did not include the income she earned from her workplace in the household economy and spent it specifically for her own personal needs. He rarely gave money to his client only when he was obliged to do so, and by asking for the account of every money he gave, he put the client under intense psychological pressure. The defendant spouse acted in this way, thinking that the client was constantly in need of her, and aimed to keep the client under control within her own sovereignty. As a result of all these events, a constant and unpredictable state of violent discord has emerged within the shared residence. This being the case, it is against the normal flow of life for the defendant spouse to expect the client to continue the marriage without making any effort.
6) The defendant spouse made humiliating remarks towards the client and his family members. The defendant spouse engaged in attitudes and behaviors that would hinder the bond the client had established with his family. As a result, the client had some disagreements with his family. When it came to family matters, he wanted to get involved in events in a way that would exceed the limits of respect. After each argument, instead of using constructive language, he only made statements accusing his client and never tried to criticize himself.
7) One of the reasons for the severe traumas and mental breakdowns experienced by the client during the continuation of the marriage is due to the defendant spouse's unnecessary jealousy of her and subjecting her to certain restrictions. Because the defendant spouse tried all the ways he knew to prevent the client from spending time for himself and doing the things he loves, and when he realized that he would not be successful, he tried to distance himself from the client by making various excuses.
8) Since the defendant spouse has an asocial personality, he often opposed the client's request to go out together. However, when the time came, he forced his client to leave the shared residence. When the client did not want to leave the shared residence, he made serious accusations against the client and warned that he could go further and separate the children from him.
9) One of the most important problems that brought the client to the divorce stage is undoubtedly the defendant spouse's extreme indifference towards his children. Because the defendant spouse could not make them feel strongly that he was with his children, caused the children to alienate himself from him, did not provide any material or moral support to the children, and left all the responsibility and burden of the children on the plaintiff client. Moreover, it did not contribute sufficiently to the mental and physical development of children. Due to this attitude of the defendant spouse, there was a visible disruption in the children's education, and the client became almost unable to cover the children's education and care expenses on his own.
10) As can be seen from all these, the client was worn out both materially and morally due to the defendant's faulty behavior and her feminine pride was hurt many times. The marital union was shaken from its foundations and the common life became unbearable for the client. There is no longer any possibility for the client to continue his marriage in a healthy way. Because the defendant has not even visited the house where the client has been staying for about six months. For this reason, it would be appropriate for your court to decide that the defendant and the client should divorce.
LEGAL REASONS : TMK, HMK and other legislation
LEGAL EVIDENCE:
Identity register copy
Witness Statements
Social and Economic Situation Research Report
General Forensic Examination Report
Poverty Certificate
SSI Records
Whatsapp Recordings
Vehicle and Land Registry Inquiry
CONCLUSION OF THE DEMAND: For the reasons we have presented and explained above and which will be observed ex officio by your esteemed court, without prejudice to our rights to sue and demand the surplus;
1) With the acceptance of our rightful cause, the foundation of the marriage union was shaken and the joint life became unbearable, TMK.166/1 art. According to the divorce of the parties
2) The right of custody over the joint children to be given to the plaintiff client
3) Since the client will fall into poverty as a result of the divorce, a temporary alimony of 750 TL per month for himself and 1000 TL per month for each of the joint children, i.e. 2000 TL in total, will be ordered, and the said alimony will continue as poverty and participation alimony after the verdict is finalized.
4) For now, 15,000 TL material and 15,000 TL non-pecuniary damages will be collected in favor of the client, together with the legal interest that will accrue from the date of the lawsuit.
5) We respectfully request and request that the trial expenses and attorney fees be charged to the defendant. 28.08.2023
ANNEX 1: General Forensic Examination Report
APPENDIX-2: Whatsapp Image Recordings
ANNEX-3: Approved Power of Attorney Sample
PLAINTIFF ATTORNEY
Hunting. Tolunay UĞUR
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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FILE NUMBER : 2023/1111 E.
DEFENDANT:Lerzan GÖKOVA –TR ID NUMBER
ADDRESS
DEFENDER:Hunting. Tolunay UĞUR-32490
The address is on the letterhead.
CRIME :Threat, Insult
SUBJECT :Our petition contains our defenses on the merits.
DESCRIPTIONS
1) As stated in the indictment, my client went to Q Upholstery Workshop with his wife to find out the reason for the long delay in the delivery of the chairs he ordered on the date of the concrete incident. When my client and his wife arrived at the workshop where the manufacturing would take place, they encountered an unexpected sight, and when they wanted to get information about the order, they were subjected to verbal violence by the business owner, X. Because the person in question addressed the client's wife "I'll tell you something, you can't handle it" He chose to use language that bordered on insulting. Thereupon, a short-term fight broke out between the client's wife, who was under the influence of unfair provocation, and the business owner. As a result of the fight, complainant X threw a glass directly at the client's wife, causing deep cuts on the client's wife's face. We are attaching the assault report regarding this to your esteemed court.
2) The complainants' claims that my client insulted them lack legal basis, need confirmation, and are in no way compatible with the facts. Because the exact opposite is the case. The business owner insisted on not fulfilling his responsibilities arising from the legal relationship between the parties. As a result of this, it itself paved the way for the formation of a discussion environment. The basis of the allegations made is to hide the feeling of guilt. My client and his wife have been victimized for more than a year. While this grievance should have been remedied by the complainants as soon as possible, in our opinion, it was not appropriate for my client to also face the trial process.
3) An evaluation was made as a result of the investigation carried out by the Chief Public Prosecutor's Office regarding the crime of Simple Injury attributed to Z, the other defendant of the file mentioned in the indictment. However, it is not possible to agree with this assessment. Because the claim that the complainant was punched by defendant
4) Addressed by my client to the complainants "We will remove you from here, we will kill you, I will not let you live"No threatening statement was made. The claim made is entirely fictional. My client is an honest, sincere and ordinary person who is known for his respect by both his close circle and neighbors, who likes to live in his own way. My client has no previous criminal record. On the other hand, X and his brother Y, who run Q Upholstery Workshop, are people who are known by their surroundings for their irresponsibility and are constantly subject to complaints. This being the case, the statements made by the complainants should not be relied upon. If it is deemed beneficial to hear the relevant witnesses in order to clarify the file in the ongoing process of the trial, our rightness will be revealed once again.
LEGAL REASONS : TCK, CMK and other relevant legislation
CONCLUSION OF THE DEMAND: We respectfully request and request that the client defendant be acquitted of the charges as a result of the trial, for the reasons we have presented and explained above and which will be observed ex officio by your esteemed court.
DEFENDANT'S DEFENDANT Atty. Tolunay UĞUR
ADDITIONAL:
W Hospital's Retirement Report dated 07.09.2020
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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TO ISTANBUL CRIMINAL JUDGE OF PEACE ON DUTY
ADMINISTRATIVE FINE
OBJECTOR: Semih ŞENYURT-TR ID NO
ADDRESS
DEPUTY: Hunting. Tolunay UĞUR
The address is on the letterhead.
THE INSTITUTION THAT IMPLEMENTS THE PUNISHMENT: General Directorate of Security
SUBJECT : Our petition consists of requesting the cancellation of the traffic administrative fine with serial number MA-54845458, issued for the vehicle with plate number 34 ABC 100, reported on 16/08/2021 via the e-government application.
DESCRIPTIONS
The administrative fine notified to my client via the e-government application is unfair and should be cancelled. It is like this:
My client was never in Istanbul at the time and date when the administrative fine in question was imposed. Because my client has not had any travel to Istanbul for three years. This situation we have mentioned can be easily understood just by looking at HGS records. Moreover, we do not have any documents or video recordings indicating that Article 60/1-a of the Highway Traffic Law was violated by my client. We have become obliged to demand that this mistake, which we think was made by the General Directorate of Security inadvertently, be reversed as soon as possible and the administrative fine imposed be lifted.
CONCLUSION OF THE DEMAND:Based on the reasons explained above and the reasons to be taken into consideration as a result of the examination to be carried out by your judgeship; We respectfully request and request that the traffic ticket subject to objection be canceled and the attorney fee be awarded in our favor. 28.08.2023
ADDITIONAL:
1-Screenshot of Penalty Inquiry Written on EGM Vehicle License Plate
OBJECTOR'S ATTORNEY
Hunting. Tolunay UĞUR
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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ANKARA……TO THE HIGH CRIMINAL COURT
FILE NUMBER : 2019/1571 E.
DEFENDANT: Salih AYDIN –TR ID NUMBER
ADDRESS
DEFENDER: Hunting. Tolunay UĞUR
The address is on the letterhead.
SUBJECT :Ruled against the client REMOVAL OF OVERSEAS EXIT BAN MEASURES This is our request.
FORENSIC CONTROL INFORMATION:
ANKARA….HIGH CRIMINAL COURT
In accordance with the decision numbered 2019/1571, TCK.314/2
Not being able to go abroad given in accordance with CMK 109/3-a
ABROAD EXIT BAN
DATE GIVEN: 27.03.2018
DESCRIPTIONS
1) A trial was held against client Salih AYDIN before your esteemed court for the crime of being a member of an Armed Terrorist Organization, and on 30.06.2020, the client was convicted of the crime in question. ACQUITTAL It was decided to. Later, the relevant decision was appealed by the Prosecutor's Office, and the appeal application made to Ankara Regional Court of Justice and at its discretion, according to the justification explained as lawful, legal and sufficient, since no doubt-free, absolutely convincing evidence and indication could not be obtained to prove that the defendant was a member of or aided the FETO/PDY Armed Terrorist Organization and that he was in opposition to the Law on the Prevention of Financing of Terrorism. We hereby attach the decision of the Ankara Regional Court of Justice, X Criminal Chamber..(ANNEX 1)
2) The judicial control measure given to the client in the form of a Ban on Traveling Abroad, is based on the relevant decision. MORE THAN FOUR YEARS Although it has been passed, it is still implemented by the client and there is no longer any obligation for the client to continue the implementation of this measure in terms of the healthy conduct and continuation of the trial. Because my client showed all the sensitivity expected from him at every stage of the investigation and prosecution phase, avoided attitudes and behaviors that would disrupt the trial, and contributed to the rapid conclusion of the proceedings against him in order to assist the judicial authorities without losing his faith in justice. This being the case, the judicial control measure in the form of the Ban on Traveling Abroad, which I mentioned above, is over the decision. IN A WAY THAT WILL EXCEED FOUR YEARS Since continuing to apply it against the client is a clear violation of the principle of proportionality, we are concerned that this measure has now turned into a purpose to punish the client. In addition, your esteemed court will decide whether the judicial control measure in the form of a Travel Ban imposed on the client will need to be continued. AT AT LEAST FOUR-MONTH INTERVALS Although the decision needed to be reconsidered, this situation was unfortunately ignored.
3) Considering the stage that the file has reached and the fact that the trial may be terminated in a short time, your esteemed court's decision will be held on an international platform between 9-12 May 2023, to which the client is invited, in order to avoid loss of rights. ECCN 2023-18th European Congress Of Clinical Neurophysiology In order not to miss the opportunity to attend the congress NOT GOING ABROAD We respectfully request the removal of the judicial control measure. CONSIDERING THAT PASSPORT AND VISA PROCEDURES TAKE AT LEAST FOUR MONTHS, WE REQUEST YOUR DEAR COURT TO REMOVE THE JUDICIAL CONTROL MEASURES IMPLEMENTED ABOUT THE CLIENT AT THIS STAGE, SUCH AS NOT GOING ABROAD.
CONCLUSION AND REQUEST: applied to the client, in line with the reasons we have presented and explained above and the matters to be taken into consideration ex officio by your court. REMOVAL OF OVERSEAS EXIT BAN MEASURES We respectfully request and request that a decision be made. 28.08.2023
ADDITIONAL: Decision numbered 2022/1111 Merits, Decision number 2022/8888 of the Ankara Regional Court of Justice Xth Criminal Chamber
DEFENDANT'S DEFENDANT
Hunting. Tolunay UĞUR
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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ANKARA….TO THE EXECUTIVE DIRECTORATE
FILE NUMBER : 2023/5555 E.
PAYEE : Nuran KARABIYIK-TR ID NO
ADDRESS
DEPUTY: Hunting. Tolunay UĞUR
The address is on the letterhead.
DEBTOR: Mustafa VAHAPOĞLU- TR ID ID NO
ADDRESS
DEPUTY: Av.X
ADDRESS
In the file whose main number is stated above, a wage garnishment warrant has been issued for the debtor, but this writ has not been notified for a long time on the grounds that there is a problem with the electronic notification address of the workplace where the debtor works and for this reason the notification remains in the sending stage. In order not to prolong the enforcement proceedings we have initiated and to avoid greater grievances and loss of time as the creditor party, the wage garnishment writ must be sent to the relevant workplace. PHYSICALLY If this is not possible, to the addresses we will specify below. IMMEDIATELY I request that an electronic notification be sent. 28.08.2023
X CENTER: A Mah. 1000 Sk. No:37 Kahramankazan/Ankara
Y BRANCH: T San. Sit. 1453 St. No:26 İvedik OSB/ANKARA
Z BRANCH: R mah. Q Blv. No: 100, Mamak/Ankara
CREDITOR ATTORNEY
Hunting. Tolunay UĞUR
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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ANKARA….TO THE EXECUTIVE DIRECTORATE
FILE NUMBER : 2023/5555 E.
PAYEE : Nuran KARABIYIK-TR ID NO
ADDRESS
DEPUTY: Hunting. Tolunay UĞUR
The address is on the letterhead.
DEBTOR: Mustafa VAHAPOĞLU- TR ID ID NO
ADDRESS
DEPUTY: Av.X
ADDRESS
SUBJECT : It consists of submitting our request for finalization.
The enforcement proceedings, whose file number is given above, have been finalized against the debtor. Therefore;
1) In order to make inquiries of the file debtor UYAP carried out against the debtor through the system FINALIZATION OF EXECUTION PROCEEDING
2) Registered in the name of the debtor UYAP POSTAL CHECKING ACCOUNTS be queried through the system and, if available, this SEIZURE OF ACCOUNTS,
3) To determine whether the debtor is working as a wage earner in a workplace UYAP over SGK query is made and if this situation is detected, it is reported to the relevant workplace. SALARY SEIZURE MEMORANDUM to be sent,
4) debtor RIGHTS AND RECEIVABLES AGAINST THIRD PARTIES We respectfully request and request that the receivables be questioned and if this situation is detected, these receivables will be seized.. 28.08.2023
CREDITOR ATTORNEY
Hunting. Tolunay UĞUR
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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ANKARA….. TO THE CRIMINAL COURT OF FIRST INSTANCE
FILE NUMBER : 2023/1111 E.
DEFENDANT: Erva URALOĞLU-TR ID NUMBER
ADDRESS
DEFENDANT : Hunting. Tolunay UĞUR
The address is on the letterhead.
CUSTOMERS:
1) Esra SOLMAZ –TC IDENTIFICATION NUMBER
ADDRESS
2) Orhan VAROL – TC IDENTIFICATION NUMBER
ADDRESS
CRIME :Theft by being left and locked in a place where everyone can enter
CRIME HISTORY: 11/06/2022
SUBJECT :Our petition consists of presenting our statements on the merits.
DESCRIPTIONS
1) My client, along with his three children and his wife, represents only one of our citizens, whom we define as the low-income group, whose numbers are increasing in our country according to statistical data, trying to survive in the severe economic difficulties that our country is experiencing. It is a known fact that people who are oppressed under harsh economic conditions may engage in various pursuits that involve criminal elements in order to see that they are more important in the eyes of society, to explain that they are no different from other wealthy people, and to escape the deep pain caused by the feeling of helplessness. As a result of such searches, they may lose their respect in society, experience serious irreparable loss of self-confidence, or worse, end their lives without even thinking. This being the case, taking a purely punitive approach without offering solutions that can help these people we mentioned above overcome the obstacles they face in their struggle for life, without getting to the real source and basis of the problems they experience, undoubtedly shows a flawed aspect of our legal system. Because the main thing in our legal system is to help the perpetrator who committed a crime to eliminate the negative effects of the crime he committed on the victim or the society, and if this happens, to reintegrate the perpetrator into society and turn him into a useful individual. Otherwise, if the perpetrator behaves calmly and shows no remorse, we have no reservations about imposing deterrent penalties on the perpetrator in order to prevent him from committing a crime again.
2) Above When we evaluated the concrete incident in the said case, my client accepted the accusation against him and declared that he was forced to commit the crime in question, citing the financial difficulties he experienced. We fully agree with the client's statement. Because my client, taking into account his wife's unemployment status both before and after the date of the crime, applied for numerous jobs in different lines of business in order to contribute to the home economy to some extent, but received a negative response each time. Despite all this, he tried not to lose hope, put aside his personal needs and decided to receive social assistance from our state in consultation with his wife in order to meet the nutrition and care needs of his children in the face of increasing inflation. Although social assistance was provided to my client and his family in the ongoing process, it does not seem possible for a standard family to survive on its own with social assistance in today's conditions. All these factors we have explained came together and caused my client to be dragged into crime. It was prepared on behalf of my client to document the financial difficulties he was experiencing. POVERTY CERTIFICATEWe also present it in the appendix. (ANNEX 1)
3) When we look at the products that constitute the subject of the crime that the client is alleged to have committed, all of the products mentioned fit the bodies of the family members. At the same time, these products are included in the scope of basic clothing products. At this point, we understand that my client did not aim for any commercial gain, he felt responsible and embarrassed towards his family, and had to buy these products to meet their serious and urgent needs, thinking only of his family members so that they would not feel excluded in society. As can be seen, in the incident in question, there is a situation of obligation for the benefit of my client and the relevant article of law is applicable to the concrete incident. State of Necessity is clearly regulated in our legislation and is a special situation that eliminates criminal liability. Thus Turkish Penal Code "State of Necessity" organized under the title In article 147 This issue is expressed as follows: "If the crime of theft is committed to meet a serious and urgent need, the penalty may be reduced or waived, depending on the nature of the incident.".” To summarize, we are of the opinion that there is no harm in applying the article of law we underlined above to my client.
4) My client feels deep remorse for the theft he committed in the store. Namely, before entering the store, my client had no thoughts of stealing. However, after entering the store, my client did not know what to do in the face of the excessively high tag prices of the products displayed on the platforms in the store, he was worried that the economic delusion he was experiencing would never end, he thought that no one would notice, and with a momentary heedlessness, he succumbed to his own desires and bought essential items for himself and his family members. He decided to secretly buy certain essential clothing items. Afterwards, he came to terms with his inner world, realized that his behavior was not right, and predicted that this situation would lead to some irreversible harmful consequences for himself and his family members in the future, and showed his true will to return the products he bought to the store. However, my client was detained in the store by the officers before he had the chance to realize his will. Thereupon, he handed over the products in the bag to the officers with his own consent, without any resistance. He never attempted to escape or tried to find a place to hide. The institution of effective remorse, which is used with the restorative justice approach, is the perpetrator's readiness to do what is necessary to eliminate the negative consequences of his behavior. When we examine it in the context of the concrete incident, my client feels intense anger at himself for the crime he committed and tries to alleviate the consequences of the crime he committed. As a result, due to the sincere remorse shown by the client as mentioned above, EFFECTIVE REGRET The implementation of its provisions would be extremely appropriate.
3
5) In the jurisprudence text presented by the General Criminal Assembly of the Supreme Court of Appeals regarding the file numbered 2013/666 Principles, Decision No. 2015/91 "When the defendant realized that he would be followed and caught by law enforcement officers, he threw the incriminating mobile phones under the stairs where he hid them, that the phones were found by the law enforcement officers, not as a result of the defendant showing them, and that showing the houses where he committed theft crimes after the money he took from the victims was seized during the body search would not reveal his remorse, because it would not be a simple thing to do by the law enforcement officers." Since it is certain that the houses they entered and the victims will be identified through investigation, and that no other words or behavior showing the remorse of the defendant, who does not accept the positive accusations at all stages, are reflected in the file, and in this case, it is not possible to apply the effective remorse provision about the defendant, it should be decided to approve the local court's resistance decision, which is in accordance with the procedure and law. .” Although there is a majority opinion, those who do not agree with the majority opinion FOUR GENERAL ASSEMBLY MEMBERS "The local court's decision, which did not implement effective remorse provisions against the defendant who showed the house where he took the mobile phones and money from the crime and returned them to the victims, should be overturned." with the thought NEGATIVE VOTE has used. As can be seen, although there is no situation that requires the application of effective regret provisions in this file we have given as an example, FOUR GENERAL ASSEMBLY MEMBERS VOTED AGAINST He decided that effective regret should be applied to the concrete event using Moreover, in our case, my client handed over the products he bought to the store staff voluntarily without any resistance. EFFECTIVE REGRET of the provisions BY HOME needs to be implemented. (ANNEX-2)
CONCLUSION AND REQUEST: For the reasons we have presented and explained above and which will be observed by your esteemed court, the client's TO YOUR ACQUITTAL, If your esteemed court is of the opposite opinion FAVORABLE PROVISIONS We respectfully request and request, by proxy, that it be decided to implement. 28.08.2023
ANNEX 1: Poverty Certificate
APPENDIX-2: File No. 2013/666, Decision No. 2015/91 of the General Criminal Assembly of the Supreme Court of Appeals
DEFENDANT'S DEFENDANT
Hunting. Tolunay UĞUR
ALTAN&KÜÇÜK LAW FIRM
Hunting. TOLUNAY UĞUR
Mobile:05058205601
e-mail:[email protected]
Balgat Mah. Ziyabey Cad. No:32/10 Çankaya/ANKARA
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ANKARA…..CRIMINAL COURT OF FIRST INSTANCE
TO YOUR MR.
FILE NUMBER : 2021/5000 E.
CUSTOMER: Dursun Fehmi AÇIKALIN - TR ID ID NO
ADDRESS
DEPUTY: Hunting. Tolunay UĞUR -32490
The address is on the letterhead.
DEFENDANT: Birol SOURCE- TR ID NO
ADDRESS
DEFENDER: Hunting. P.
ADDRESS
CRIME : Causing Injury to More than One Person by Recklessness
SUBJECT : Our petition consists of presenting our statements and answers against the defense of the defendant's defense counsel.
DESCRIPTIONS
1) It is not possible for us to agree with the statement that the accident occurred when the defendant was driving in the left lane with his vehicle under his control and management on the date of the concrete incident, when the client suddenly crossed into the right lane with his vehicle and crashed his vehicle in front of the defendant's vehicle. Because when the accident report is examined in detail, it will unquestionably become clear how the accident in question occurred. Namely;
2) The accident occurred exactly when the defendant was driving in the same direction as the client, at a level that exceeded the legal speed limit (110 km/h) (since the defendant stated in his statement that he was traveling at approximately 120 km/h, it seems possible that this speed was even higher than mentioned), while the client was driving his vehicle. The incident took place when the client hit the vehicle under his control from behind, as a result of his acting contrary to the duty of care and attention expected from him, without leaving a sufficient and safe following distance between his vehicles, in a way that deliberately endangered traffic safety.
3) It has been clearly demonstrated by the Defect Report dated 21.03.2022 of Ankara Traffic Specialization Department that no fault can be attributed to the client in the occurrence of the accident. In the announced report, only the defendant was found to be primarily at fault. It was stated that the client and his daughter had no fault in accepting the attribution.
4) In the alcohol test performed on the defendant at the scene of the incident, it was determined that the defendant had a total of 0.62 promil alcohol in his blood. In his defense, the defendant's defense stated that the defendant's blood alcohol level was only 0.34 promil in the examination performed at the relevant hospital approximately two hours after the accident, and therefore the accident did not occur due to alcohol, as the defendant did not exceed the alcohol limit prescribed by law. However, even though the defendant's alcohol level was determined to be lower by the relevant hospital authorities, the moment of the accident will be taken into consideration as a priority in determining the alcohol level and will form the basis of the verdict. Because it is a known fact according to the normal flow of life that the effect of alcohol will decrease as time goes on. In addition, it was observed by those who personally witnessed the accident that the defendant could not maintain his balance sufficiently after the accident due to the influence of alcohol and that he acted with a feeling of guilt because he was in a state of shock.
5) The claim that the defendant went to the complainants in the heat of the incident and checked their health conditions is not compatible with the facts. My client was not called by the defendant and his father immediately after the accident, but a call was made to my client by the defendant's father only on February 9, 2022. This search was based on the financial situation suffered by the client. (damages to the vehicle due to accident), physical (treatment costs) and damages arising from loss of labor (The client was unable to go to work for two months due to a tear in his waist and as a result, his employment contract was terminated) It was not intended to be welcomed, but was made with the sole purpose of covering up the events that took place, far from sincerity.
6) In order for us to talk about a valid compromise between the parties, the defendant must have demonstrated a firm will to eliminate the grievances experienced by the client and prevent the loss of rights he suffered. This being the case, no effort was made by the defendant to compensate for the damage, and my client was accused of gaining unfair advantage and making threatening remarks, and attempts were made to turn him into a criminal while he was a victim.
LEGAL REASONS : TCK, CMK and other legislation
LEGAL EVIDENCE:
Witness
Expert
General Forensic Examination Report
Traffic Accident Report
Defect Report of Ankara Traffic Specialization Department dated 21.03.2022
Highways Motor Vehicles Compulsory Liability Insurance Policy
CONSEQUENCE OF THE DEMAND: For the reasons that we have presented and explained above, and which will be taken into account ex officio by your esteemed court, in accordance with the articles 89/4, 22/4 and 53/6 of the Turkish Penal Code, the defendant will be convicted as a result of the accusations. TO BE PUNISHED and specified in the law DEPRIVATION OF CERTAIN RIGHTS We respectfully request and request that a decision be made. 28.08.2023
Hunting. Tolunay UĞUR
CLIENT'S ATTORNEY