ISTANBUL REGIONAL COURT OF JUSTICE

TO THE RELEVANT DEPARTMENT

To be presented

TO THE 542ND ISTANBUL HIGH CRIMINAL COURT

APPELLANT

DEFENDANT: AA

DEFENSE ATTORNEY: Attorney Yağmur YUMLU                                  

SUBJECT OF THE REQUEST: The decision of the Istanbul 542nd High Criminal Court, case number …….., decision number ……., dated ……..

DATE OF NOTIFICATION:

SUMMARY OF THE DECISION: With its decision numbered ….. Case No. - ….. Decision No., dated …………, the court sentenced my client to a total of 4 years and 10 months of imprisonment.

EXPLANATIONS:

The local court, in its decision numbered ….. Case – ….. dated …………, sentenced my client to a total of 4 years and 10 months of imprisonment.

Sexual Assault: According to Article 102/1,  a person who violates the bodily integrity of another through sexual conduct shall be punished with imprisonment from five to ten years, upon the complaint of the victim. If the sexual conduct remains at the level of harassment, the sentence shall be imprisonment from two to five years.

My client was sentenced for sexual assault, but the sentence was determined to be at the level of molestation. In light of the relevant provision of the law, it appears that the sentence imposed deviated from the lower limit and reached the upper limit, without providing any justification for this decision. Upon reviewing the case file, we believe that, in accordance with Article 102 of the Turkish Penal Code, my client should have been sentenced to two years, the lower limit of the sentence.

CONCLUSION and REQUEST:

For the reasons and grounds stated above, and taking into consideration matters of public order, we respectfully request and demand that the judgment rendered by the local court be overturned.

APPELLANT

DEFENSE ATTORNEY FOR THE ACCUSED

Attorney Yağmur YUMLU