Objections to a Sentence Calculation Sheet

Introduction

In criminal enforcement law, with the finalization of the penalty decision given about the convict period of time determining the execution process is edited. The period includes the start and end dates of the sentence, the time of conditional release and other information about the execution.

However, the deadline may not always be prepared correctly. In this case, the convict or his defense counsel, objection to the deadline .

What is a Deadline?

Term sheet, according to the final conviction decision of the convict how long he will be in prison Subject to .
Execution Prosecutor's Office . Issued by
When calculating, the following is taken into account:
- Type of conviction (imprisonment, judicial fine, etc.)
- Penalty amount
- Offsetting periods spent in detention
- Conditional release period (e.g. 2/3, 1/2)
- Execution regime

What Information Is Included in the Term Sheet?

Start and end date of the penalty
Conditional release date
Probation date
Offset periods (period of detention, previous executions)

Sample Term Sheet Content

What is an Objection to the Term Sheet?

When the time limit is prepared incorrectly, the convict or his lawyer may object to this document. objection to the deadline can. It is essential that

Who Can Apply?
- Convict
- Counsel (lawyer)
- Public prosecutor
Application Authority:
- The Chief Public Prosecutor's Office, which issued the time limit, Execution Judgeship. For example, an objection can be made to the Antalya Execution Judgeship against the period of time issued by the Antalya Chief Public Prosecutor's Office.

In what cases can an objection be made to the time limit?

Objection to the deadline is generally calculation errors . The main grounds for objection are:

Detention period not deducted
Implementing the wrong execution regime (for example, applying 2/3 instead of 1/2)
Error in total sentence for multiple convictions
Ignoring law changes
Incorrect calculation of penalty period

How to Object to the Term Notice?

Convict or his defense counselthinks there is an error in the deadline to the execution judgeship references.
Objection petition, To the Chief Public Prosecutor's Office execution office is given.
The enforcement judgeship examines the objection and makes a decision.
Against the decision of the execution judge appeal to the high criminal court is possible.

📌 Law no. 5275 on the Execution of Penalties and Security Measures, article 98: “When there is hesitation in the execution or a mistake is made in the execution, a decision is requested from the execution judge.”

OBJECTION PERIOD TO THE DETERMINATION

Supreme Court of Appeals 1st Criminal Chamber 07.11.2024 T. 2024/6621 E. 2024/7422 K. As stated in the order no. 5275, if there is a delay in the calculation of the penalty to be imposed, or if it is claimed whether the penalty can be partially or completely fulfilled, in accordance with paragraph (b) of the 1st paragraph of Article 98 of the Law No. 5275, the execution judgeship is requested to eliminate the delay or determine the penalty to be imposed. It is always possible to request a decision. ruled. In other words With The convict may object to the time limit at any time.

SAMPLE OF PETITION OF OBJECTION TO DETERMINATION

… TO THE EXECUTION JUDGE

OBJECTOR

(CONVICT):

DEFENDANT:

ADDRESS:

SUBJECT: This is just our objection to the time limit.

EXPLANATIONS:

1-) About our client for the crime of ………. 2025/……E of the High Criminal Court. and 2025/……K. In the notice dated ………….. issued by the Chief Public Prosecutor's Office based on the prison sentence of … years … months given to the client with the order numbered …, the date of conditional release is stated as …/…/…, and the date of release of the person is stated as …/…/….

2-) The above-mentioned conditional release date and bihakk's release date are incorrect. Considering the crime and crime history, the conditional release rate should be applied as 1/2, but it is incorrect to apply it as 2/3. Due to this error, the client will have to go through an execution process beyond the legal deadlines.

3-) We request that our objections be accepted and the necessary actions be taken in order to issue the above-numbered period of time for the execution of the period of … months … days, which caused the restriction of our Client's freedom for the reasons explained above, in line with our objections.

LEGAL REASONS: 5237 S. K. m. 7; 5275 S. K. m. 107, 108.

RESULT AND REQUEST: For the reasons explained above, our objection is accepted and the conditional release date specified in the period document prepared by the Public Prosecutor's Office for our client is …./…/…. We respectfully request that the release date be changed to …/…/…. …/…/…

Convict Defense Counsel

OBJECTION TO EXTENSION DETERMINATION PREMIUM JUDICIAL LAW

Supreme Court of Appeals 1st Criminal Chamber 07.11.2024 T. 2024/6621 E. 2024/7422 K.

…The periodical dated 29.03.2023 and numbered 2023/7-2960 prepared by the Public Prosecutor's Office regarding the execution of the 36-year prison sentence received by the convict for three separate crimes of aggravated plunder, by reducing the sentence by 1/3 in accordance with the second paragraph of Article 107 of Law No. 5275. It was notified to the convict on 11.04.2023, and the convict's attorney objected, with his petition dated 07.08.2023, on the grounds that the sentence for the crime of organization against the convict was decided to be annulled due to the statute of limitations, and that the sentences given and finalized for the crimes of plunder should be executed with a reduction of 1/2, not 1/3, as in the period, by the Execution Judgeship, No. 4675. It is understood that the objection made on the grounds that no objection was made within the legal period of 15 days from the date of 11.04.2023, when the time period notice was notified to the convict, was decided to be rejected on procedural grounds without going into the merits, taking into account Articles 5 and 6 of the Execution Judge Law no.

According to subparagraph (b) of paragraph 1 of Article 98 of Law No. 5275, if there is a delay in the calculation of the penalty to be imposed or if it is claimed whether the penalty can be carried out partially or completely, it is always possible to request a decision from the execution judgeship to eliminate the delay or determine the penalty to be fulfilled. Since it is necessary to accept that it is possible for the convict to object to the period of time at any time and that there is no time limit in the legal legislation regarding the objection to the period of time, the objection made by the lawyer of the convict against the period of time should be examined on its merits and a decision should be made. However, the decision given by the objection authority to reject instead of accepting the objection made against the decision made by the Execution Judge regarding the rejection of the objection on procedural grounds on the grounds that the objection was not made in time is contrary to the Law and the request for reversal in the interest of law was deemed appropriate..

Supreme Court of Appeals 1st Criminal Chamber 25.06.2021 T. 2020/154 E. 2021/11201 K.

The convict, who has been serving his sentence for 1/2 and 6 days per month in accordance with Law No. 647 as of the crime dates, will be subject to the relevant article of Law No. 647 due to his escape from the penal institution, but considering the temporary relevant article added to Law No. 5275 with the Decree Law No. 671, the sentences given and finalized for each crime will be 647. Without taking into account the fact that a concrete comparison should be made by applying the provisions of Law No. 5275 and Law No. 5275, the favorable law should be determined in terms of the period of conditional release and that the objection to the period of time should be accepted for this reason, since there is an obligation to issue a new period of time accordingly.

It is understood that the decision to reject the objection against the decision given in question is contrary to the procedure and the law, since the time period must be prepared directly in accordance with the provisions of Law No. 647, without taking into account the escape act of the convict and without making a comparison in writing. May refer to