10.1 ATTEMPTED MURDER DEFENSE STATEMENT

 

TO THE 145TH ISTANBUL HIGH CRIMINAL COURT

FILE NO: ……/…….E

DEFENDANT: SS.(TCKN:…….)

ADDRESS:

DEFENSE ATTORNEY: Attorney SY-UETS

SUBJECT: Our substantive defenses.

 

EXPLANATIONS

 

1) SUMMARY OF THE EVENT

According to the indictment and the prosecutor's opinion on the merits of the case, prepared within the scope of the investigation conducted against my client; it is alleged that on …/…/20… in … province/district, a verbal argument occurred between the parties due to a pre-existing animosity, and that the argument suddenly escalated to a physical confrontation as a result of the victim's unjust and aggressive behavior. The prosecution claims that the actions my client took against the victim during the incident were of a life-threatening nature and therefore constitute the crime of attempted murder. Immediately after the incident, law enforcement intervened, statements were taken from the parties, the victim was taken to the hospital for a forensic examination, and the forensic report was submitted to the file. In his statements to law enforcement and the prosecutor's office, my client clearly stated that the incident began with the victim's unjustified attack, that he acted within the limits of self-defense to fend off this attack, and that he had no intention of harming the victim's life.
Nevertheless, the prosecution has filed a public lawsuit against the defendant, our client, requesting punishment for attempted murder and violation of Law No. 5237.
2
) THE DEFENDANT COMMITTED THE CRIME UNDER SEVERE PROVOCATION.

The complainant, EE, allegedly took advantage of the mental instability of the client's aunt, TT, and had sexual relations with her multiple times, taking her money. This became known and caused rumors to spread. The conversations within the family and community put pressure on the client and damaged her pride. Although the client tried to talk to EE about this mistreatment, no results were obtained. Furthermore, the client, feeling humiliated and hurt by what she heard from others, unwillingly caused the events to occur.
It is undeniable that the client committed the crime under severe provocation, while experiencing great distress and anxiety.

3) THERE WAS NO INTENTION TO KILL IN THIS INCIDENT.

My client is being tried for attempted murder. However, although the crime was committed with a firearm, the shots were not fired with the intent to kill.
Attention must be paid to criteria such as the manner in which the weapon was used, the area hit, the number and force of the shots, the perpetrator's behavior before and after the crime, and the nature of the animosity between the parties. Although he tried to talk to the complainant, he drew his weapon in self-defense because the complainant was cursing and approaching him aggressively, and reached for his waist. Moreover, if he had acted with the intent to kill, he would have fired multiple shots at vital areas, but instead, he fired towards the ground at the complainant's feet for deterrent purposes. This was entirely for self-defense and deterrence. My client
tried to talk to the complainant but was unsuccessful. This approach shows that he did not act with the motive to kill. Again, he fired towards the ground at the complainant's feet, not at vital areas, with the intent to kill. If he had the intent to kill, he would have needed to fire multiple shots at vital areas. The other complainant, ES, saw someone approaching running with something in their hand, and also
saw a large group of people approaching with sticks in their hands. In order to protect himself, prevent them from approaching, and escape, he fired a shot towards the ground in that direction. He later learned that both complainants were injured; he didn't even think he had hit anyone when he fired.

As explained, the defendant did not act with the intent to kill; rather, in the incident that occurred as a result of severe provocation, he acted in self-defense and to deter. In light of all these statements,
a decision in accordance with Article 21/1 of the Turkish Penal Code, which states that the commission of the crime depends on the existence of intent, must be rendered. According to these provisions, in order for the crime of attempted murder to occur, it is necessary to prove with concrete, definite, and undeniable evidence that the perpetrator acted with direct or at least probable intent to end the victim's life.

4) THE CONDITIONS FOR SELF-DEFENSE HAVE BEEN MET

According to Article 25 of the Turkish Penal Code No. 5237: "
No punishment shall be imposed on the perpetrator for acts committed out of necessity to repel an unlawful attack directed at oneself or another person at that moment and in a manner proportionate to the attack."

In this specific case, considering the statements and evidence in the file, it is clearly understood that the incident began with the victim's unjustified and sudden attack, and that the client acted to fend off this attack and under the influence of the compelling circumstances he was in. The client's action was aimed at ending the attack and did not reflect an intent to kill, reflecting a desire to end the victim's life. The client's action occurred at the time of the attack and was proportionate to the severity of the attack, remaining within the limits of self-defense. Therefore, the client's action should be considered within the scope of legitimate self-defense. It is clear that there is no need to impose a penalty on the perpetrator when the conditions for legitimate self-defense are met. Moreover, even if the Court concludes that the limits of legitimate self-defense were exceeded, it should be considered that this exceeding occurred under the influence of excitement, fear, or panic, and an assessment should be made in favor of the defendant.

 

EVIDENCE
• Defendant's statements
(All statements taken before law enforcement, the prosecutor's office, and the court)
• Victim's statements
(Statements taken during the investigation and prosecution phases)
• Witness statements
• Forensic Medicine Institute reports and hospital records
• Crime scene investigation reports and photographs
• Camera recordings (if any)
• Law enforcement reports and indictment
• On-site investigation report and expert reports
• Telephone records / HTS transcripts (if any)
• Supreme Court precedents
• All other legal evidence

 

CONCLUSION AND REQUEST:

In light of the aforementioned and ex officio considerations,
we respectfully request and demand that our client be ACQUITTED of the crime charged against him, as he did not commit the crime.

 

 

Defendant's Counsel,
Attorney SY