Petition for Response to Notification

To be forwarded to the Presidency of the 5th Criminal Chamber of the Supreme Court of Appeals , via the Istanbul High Criminal Court

Local Court Case Number: …/…
Court of Cassation 5th Criminal Chamber Case Number: …/…

APPELLANT (INTERVENING PARTY):
Name and Surname – Address

ATTORNEY:
Lawyer's Name and Surname – Address

DEFENDANT:
Name and Surname – Address

CRIME:
Abuse of office

DATE OF CRIME:
…/…/…

SUBJECT:
Submission of our objections and statements in response to the Supreme Court Chief Public Prosecutor's Circular dated …/…/… and numbered …/…

EXPLANATIONS

1. Trial Process:
   The case, initiated upon my client's complaint, was pursued on charges of "abuse of office" due to the defendant's misuse of municipal resources, resulting in public harm. The local court acquitted the defendant. However, we believe that the local court's decision is contrary to law and procedural rules.
2. Response to the Supreme Court's Notification:
   The Supreme Court Public Prosecutor's Office, in its notification dated …/…/…, rejected our appeals on their merits. This notification upholds the local court's decision, which was based on an incomplete examination.
3. Decision Based on Incomplete Investigation:
   The local court disregarded the fact that the defendant had caused the misuse of municipal funds during the period in which the incident occurred, and that this was clearly documented. Expert reports clearly stated that the public loss was precisely calculated and that this loss resulted from the defendant's abuse of authority.
4. Violation of Supreme Court Jurisprudence:
   The defendant's actions clearly violate the principle set forth in the Supreme Court's 5th Criminal Chamber's decision numbered 2018/4321 E., 2019/8765 K., which states:
   "Abuse of authority by public officials causing harm to the public clearly constitutes the elements of the crime of abuse of office."
   The local court disregarded sufficient evidence that the defendant's actions constituted a crime and therefore rendered an unlawful decision.

EVIDENCE

1. Expert report,
2. Witness statements,
3. Allocation documents belonging to the municipality,
4. Bank account statements,
5. Supreme Court precedents,
6. All kinds of legal evidence.

CONCLUSION AND REQUEST

For the reasons explained above:

1. We request that our objections to the notification dated …/…/… from the Chief Public Prosecutor's Office of the Court of Cassation be accepted
2. The local court's decision is overturned because it was based on insufficient examination and flawed assessment
3. The criminal responsibility of the defendant, who caused damage to the public interest, shall be determined, and the case shall be sent back to the local court for reconsideration
4. The court costs and attorney fees shall be borne by the defendant

I respectfully request and demand that a decision be made. …/…/…

Appellant's
Attorney's Name and Surname