Petition for Reinstatement of Probation Rights

APPLICATION FOR REINSTATEMENT OF PROBATION (AMENDED)

File Reference No: …/…
… TO THE HIGH CRIMINAL COURT
…..

DEFENDANT: Name and Surname – (Turkish Republic Identity Number) – Address
REPRESENTATIVE: Lawyer's Name and Surname – Address – Telephone
Number SUBJECT: Our request for the reinstatement of supervised release due to erroneous notification.

EXPLANATIONS:

1. In accordance with the judgment of the ... Criminal Court of First Instance, case number .../..., decision number .../..., regarding my client, a probation order was issued for the execution of the sentence , and the file was sent to the Probation Office

2. However, the notification to the client was carried out improperly, in violation of the provisions of the Notification Law . Although the notification receipt states that "the client has moved from the address," the client still resides at the address : … Neighborhood, … Street, No:… …/………….

3. The client was unable to fulfill their obligations because they did not receive any notification, and the case was closed and the execution process continued. However, the erroneous procedure was revealed when the client personally went to the probation office and explained their situation.

4. According to Articles 32 and subsequent articles of the Notification Law , an irregular notification cannot result in a loss of rights; rather, it should provide for the possibility of reinstatement under Article 40 of the Code of Criminal Procedure

5. As stated in the decision of the 1st Criminal Chamber of the Court of Cassation , numbered 2017/3324 E., 2018/425 K. , “Failure to fulfill probation obligations due to irregular notification does not result in a disadvantage for the defendant. In this case, the defendant's right to probation should be restored.”

LEGAL GROUNDS:

Turkish Penal Code, Code of Criminal Procedure, Law No. 5275 on the Execution of Criminal and Security Measures, Notification Law, relevant regulations, and Supreme Court precedents.

EVIDENCE:

1. Notification receipt,

2. The village headman's statement,

3. Correspondence from the Probation Office,

4. Identity register copy,

5. Witness statements and other evidence.

CONCLUSION AND REQUEST:

For the reasons stated and explained above,

• The improper notification served on the client is deemed invalid

• The client's right to supervised release should be reinstated.

• The execution of the sentence should be corrected accordingly within the scope of the file

• I respectfully request and demand, on behalf of my client, that the court costs and attorney's fees be borne by the treasury
  

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

                                                             YAĞMUR YORULMAZ, LAW FACULTY STUDENT