Petition for the Defendant's Referral to a Hospital for the Determination of His/Her Mental and Psychological Health

… TO THE HIGH CRIMINAL COURT
OF ANKARA

DEFENDANT: Name and Surname - (Turkish Republic Identity Number: …) - Address

DEFENSE ATTORNEY: Attorney's Name and Surname - Address

D. SUBJECT: Request for the defendant to be referred to a hospital for an assessment of their mental and psychological health.

EXPLANATIONS:

1. Summary of the Incident and Defendant's Background: A public prosecution has been initiated against the defendant in your court for the crime of manslaughter. In [year], the defendant was struck on the head by a metal object and remained in a coma for 45 days, receiving treatment while unconscious. Reports from [Hospital Name] and [Faculty of Medicine] confirm that the defendant has suffered a permanent mental illness as a result of this accident. This situation indicates that it is not possible for the defendant to be tried in a healthy manner.
2. Defendant's Treatment Process and Condition: The defendant last received treatment at the Psychiatry Department of the Faculty of Medicine on …/…/… and a new appointment was scheduled just one day before the incident, on …/…/…. Given that the defendant regularly receives and needs medication, it is clear that his current condition is not being adequately managed in prison.
3. Losses in the Defendant's Education and Social Life: The defendant, having achieved a good score on the university entrance exam in … year, began studying at a university. However, as a result of the blow to his head, his education has now ended, and it is clearly demonstrated that his mental illness has completely affected and changed his normal life.
4. Defendant's Family Situation and Care Needs: The defendant's parents separated a long time ago, and due to his illness, he was cared for by his deceased grandfather. This bond with his deceased grandfather reveals the fragility of the defendant's psychological state. Due to his circumstances, the defendant has difficulty meeting his own needs; he is unable to meet his daily needs without family support and is in need of care even in prison.
5. Loss of Criminal Responsibility and the Defendant's Current Situation: The defendant has lost his criminal responsibility as a result of the accident he suffered. The physical changes to his head caused by the blow are significant enough to reveal the extent and impact of this damage. Furthermore, he suffers from a persistent balance disorder due to his illness. This situation points to the irreparable difficulties the defendant may face in prison.
6. Family Concerns and Need for Treatment: Due to the defendant's illness, his family is concerned that he may harm himself or others. Therefore, we believe that the defendant should be urgently referred to a hospital to determine whether he has a mental illness as defined in Article 32 of the Turkish Penal Code No. 5237, and to complete his unfinished treatment.

CONCLUSION AND REQUEST:
For the reasons briefly stated and explained above, I respectfully request and demand that the defendant be referred to the Faculty of Medicine of … University to determine whether or not he suffers from a mental illness as defined in Article 32 of the Turkish Penal Code No. 5237, and that his incomplete treatment be completed.

…/…/…
Defendant's Counsel
Attorney Name and
Surname Signature