Petition for Appeal Against Decision of Non-Prosecution

Sample Petition

TO THE DUTY PEACE COURT JUDGE OF ÇANAKKALE

       To be sent

TO THE CHIEF PUBLIC PROSECUTOR'S OFFICE OF ÇANAKKALE

Investigation No: 2020/….

COMPLAINANT APPEALING THE KYOK DECISION: Name Surname/ Turkish Republic Identity Number

PLAINTIFF'S REPRESENTATIVE: Attorney [Name Surname / Address]

SUSPECT: Name Surname / Turkish ID Number

TYPE OF CRIME: Intentional Injury

SUBJECT: Submission of our appeal against the decision of the Çanakkale Chief Public Prosecutor's Office, Investigation No. 2020/..., dated .../.../..., and numbered 2023/..., which ruled that there was no ground for prosecution .

EXPLANATIONS:

Following our complaint filed with the Çanakkale Public Prosecutor's Office on ../../…., an investigation was initiated against the suspect by the Çanakkale Public Prosecutor's Office under investigation number 2020/…. As a result of this investigation, a decision of no grounds for prosecution was issued against the suspect with decision number 2023/…. dated …/…/…. This decision is contrary to procedure and law, and we are appealing the decision within the prescribed time limit. Specifically:

The suspect and my client have been step-siblings for many years. In the present incident, following a stressful holiday, an argument broke out between the suspect and my client during a rest stop on the Çanakkale-Istanbul highway. The suspect, I would like to specifically mention that my client is 16 years old, poured a cup of hot coffee on my client, leaving a permanent mark on his face.

It is established that the suspect committed the crime of intentional injury. However, in our complaint, we submitted camera recordings of the arguments at the hotel and the fight at the gas station. Despite the evidence we presented, the Çanakkale Public Prosecutor's Office, following its investigation, decided that there was no concrete evidence to support the suspect's claim of committing the alleged crime, and therefore issued a decision of no grounds for prosecution . Since this decision is contrary to procedure and law in light of the existing evidence, it should be overturned, an indictment should be prepared against the suspect, and a public prosecution should be initiated.

CONCLUSION and REQUEST: For the reasons explained above;

• of the Çanakkale Chief Public Prosecutor's Office that there is no ground for prosecutionis hereby APPEALED AND OVERTURNED.

• As the plaintiff's attorney, I respectfully request that a public prosecution be initiated to punish the suspect.

                                                                                                     …/…/2023

The plaintiff's attorney who
.   filed the objection                                                                                      

(Prepared by: Intern Student Segâh Gülpekmez)