Амалу рафтори ғайриқонунӣ

03/02/2020
REPUBLIC OF TURKEY
Antalya 35. the criminal court of first instance
To the Competent Judicial Authority of Tajikistan
03/02/2020
Regards colleague
I request legal assistance from you in the following matters.
Subject of request : accused AHMADZODA RIZVON taking the defense of ahmadzoda rızvon
Main number of cases: 2019/220
information on the identity of the defendant:
Name and surname
: AHMADZODA RIZVON
Parents name
: MUKADAZ-RISOLAT
Date of birth/place
: TAJÍKISTAN — 15/12/1987
Abroad address
Linablatsroy oblast şehir istara SELO varuh tajikistan
Information on the indictment:
The prosecutors office drafting the indictment : Antalya Chief Public Prosecutors office
Date and number
: 16/09/2019-2019/679
Information about the subject of criminal proceeding
Crime date
30/08/2019
Definition of crime
damage property
Related penal provisions
: 5237 Turkish Penal Code 151/1, 53/1 articles
The way crime was committed :
public case has been filed against the defendant AHMADZODA RIZVON with the indictment
mentioned above. It is alleged that the accused committed the crime as follows:
On the date of the incident, there was a discussion between the defendant and the
complainant in front of the LARA RÜZGAR MARKET, the defendant threw the complainant’s
phone on the ground. The complainant’s phone was broken, There fore a public lawsuit was
filed against the accused for damaging the property. (additional 1)
Requested legal assistance It has been understood that the defendant AHMADZODA RIZVON is available in in you’re your country
At the above address.
There fore please follow the steps below
Invite the defendant,
If he fails to appear upon invitation, bring him by force before your competent judicial
Authority,
Record identity information,
Read the indictment and explain the alleged crime to him,
Explain to him that they have the right not to say anything (silence) to put forward evidence
And to request their collection and to request appointment of a lawyer,
Ask the defendant to make his defense on the above-mentioned charge,
Read the previous statement of the accused in the appendix, Ilf there is a contradiction
Between his present statement and his past statement, ask him the reason for the
Contradiction,(additional 2)
Also read the following explanations on the deferment of the announcement of the verdict
To the accused. Ask the defendant whether he agrees to adjourn the announcement of the
Verdict and record his reply.criminal court in accodance with article 231 of the law; if the
Penalty given to the accused as a result of. The trial is a prison term of tow years or less or
Judicial money, the court may decide to delay the announcement of the verdict. In this case
The court make a decision about the defendant but does not immediately enforce this
Provision.
When it is decided to postpone the announcement of the verdict, the defendant is subject to
Supervision for five years (for children this period is 3 years) During the inspection period,
The court may impose obligations on the accused such as not going to certain places or
Attending training programs, provided that they do not exceed one year.
If the defendant deliberately does not commit a new crime and fulfills his obligations within
The period of control, the case is dismissed, If the defendant commits a new crime or fails to
Fulfill its obligations within this period, the court announces the verdict. After this stage the
Decision is finalized and executed
Grounds for legal assistance request:
Legal and commercial judicial assistance agreements in criminal matters betweenthe
Republic of turkey and republic of tajikistan Guarantees :
this request is related to the criminal proceedings.
The information to be obtained will be used within legal limits and the legal rights of the
relevant persons will not be violated.
This request: does not contain any purpose of discrimination on subjects such as political
opinion, religion, language, race, gender, nationality, and cannot be used in a way to have
consequences in this direction
Result:
I request that the above mentioned legal aid request be fulfilled and 1 hereby thank you for
your assistance in advance and express my deepest respects.
GÖNEN ÇELEBÌ
JUDGE 195861
ATTACHMENTS:
1) indictment
2) copy of expression
3) passport copy
4) relevant penal and procedural provisions (article 147 of the criminal court law)
5) Translations of the above numbered documents
Translator Expert:
TERCŮMAN
Mohámmad NASİR
Hamnava
Tel No:0554 312 26
REPUBLIC OF TURKEY
ANTALYA
Chief Public Prosecutor’s Office
Inquiry number
Base number
2019/67985
201923084
:2019/1926
Indictment number
INDICTMENT
To the Antalya Criminal Court of First Instance
Plaintiff
:K.H.
Complainant
Daughter indira.
ZHANETA ULANBEK KYZY; Born in 1992, Ulanbek resides in his
AHMADZODA RIZVON; born.1987 being from mukadas’s son
Suspicious
Risolat; Tajikistan Province; district; village;/ neighborhood; volume; family order number,
Number of residents registered to the population
Crime
Damage property
: 30/08/2019 ANTALYA/MURATPAŞA
Place and date of crime
Referral clause
: Turkish Penal Code 151/1, 53/1.m
Evidence
: Statements, reports, all of file scope
Investigation documents were examined:
On the date of the incident, in the dispute between the suspect and the complainant in front
Of the Lara rüzgar market, in the incident of breaking on the phone as a result of the
Bewitching throwing the complainant’s phone on the ground, and this action, which was
Fixed by the witness and the report, Although our investigation file suspicious compromise
Settlement if necessary provisions to transmission to the office of the action due to file
Criminal investigations to be subject to foreign nationals with the residence address of the
Complainant and turkey lack of reason Not being at the address included in the investigation
File or being abroad, although it has been declared to the official authorities in Article 253/6
Of the criminal procedure law In the event that the victim, the suspect or their legal representative, who has been harmed by the crime for any other reason or cannot be
Reached, the investigation is concluded without any mediation. Since the provisions of
Conciliation will not be applied
It is demanded and claimed on behalf of the public that the trial of the suspect is made by
Your court and the decision to punish it in accordance with the referral clauses mentioned
Above.16/09/2019
OLĞAY TOY 196250
Public Prosecutor
e-signed
Additional decision was made regarding the lack of prosecution for insult,
Note
Simple wounding and threats on the perpetrators of AHMADZODA RIZVON.
Translator Expert
TERCŮMAN
Mohammad NASİR
Hamnava
Tel Ne10E54 31276 30