In short
A forensic medicine report is not a judgment; the objection is spoken in the authority where the file is, not at the door of the institution that drew up the report. If the file stands at the public prosecutor's office, the sentence is written to that number; if it is at the court, it is written to the court's file number. An oral application at the institution's door is not counted as an objection that entered the file. A medical standard and a disability rate are not invented in this article. The elements of the offence of wounding are not told.
The report does not take the place of the judgment
The report writes the findings of the person who made the examination and the result they reached. This result is not a sentence of acquittal or of conviction. The court, or the authority conducting the investigation, assesses the report together with the other documents in the file. The report's using definite language does not mean that language is the judgment. A definite sentence is not softened in the petition. The state of the sentence in the report is conveyed. Conveying it is not accepting the sentence.
The report's finding it appropriate or not finding it appropriate does not announce in this article that the offence was constituted. The elements of the offence are not told here. The reader separates which sentence of the report will be debated in the file. Without the sentence being separated, the whole of the report is not counted as rejected or as accepted. An objection to a single sentence does not of itself leave the report's other lines out of the subject. Which line is debated is written in the petition. The identity line at the start of the report is read separately from the concluding sentence. If the name on the identity line does not match the person who was examined, the petition writes this mismatch. The mismatch does not mean the result will fall of itself.
The day the examination was made and the documents listed in the report are also looked for on the first pages. If there is no day, a day is not added. If a record that is in the file is not among the documents that were listed, the absence is shown by writing the name of that record. A record that is not in the file is not added to the list as if the report had examined it. If the report writes that it could not examine a record, this sentence is the supporting line of the petition. While there is no sentence, it is not said the examination remained incomplete.
The authority where the file stands
The addressee of the objection is the authority that holds the file. If the file is at the public prosecutor's office with an investigation number, the petition is written to that number. If the file has come to the court, the petition is written to the court's file number. If the two numbers are mixed, the request may not fall before the unit that assesses the report. In Ankara this authority is the public prosecutor's office or the court in the heading of the file. The door of the institution that wrote the report does not take the place of this heading.
The authority is not the institution's name under the report. The institution draws up the report. The assessment and the request for a further examination are spoken where the file stands. Going to the institution orally and saying change the report is not an objection entered on the file. For it to be counted as entered, the request must enter the authority's file. If a petition left at the institution does not appear in the public prosecutor's or the court's record, it is written that it does not appear. Without appearing, it is not counted as an objection having been made.
Which stage one is at is read from the papers in hand. If a court file number is being used while there is no indictment, that number is not written before it is confirmed from the file. If the number is not on the document, a number is not invented. Writing to the office also does not take the place of the file number. The contact page is under the heading contact and does not change the record of the authority. If the report was mentioned in the hearing minute, the sentence that mentions it is not put in the place of the report's own result. The result is read from the report page.
The institution's door and the file number
The forensic medicine institution, a hospital, or another health establishment may have drawn up the report. The name of the place that drew it up is read from the first page of the report. This name is not the name of the authority the objection will go to. If an application made at the door does not carry a file number, it is not seen which investigation it was tied to. A slip that belongs to the queue at the door is not an objection that entered the file. The slip is read only if it becomes a document in the authority's file.
The file number may have been written on the report later, or it may not have been written at all. The number is checked separately from the summons paper or the minute. Before it is checked, a sequence number that belongs to the institution is not taken for the public prosecutor's number. The two numbers stand on separate lines in the petition. One is not put in the other's place. The signature and title line under the report is also read separately from the institution's name. If the signature cannot be read, it is written that it cannot be read. An unreadable signature is not completed with another physician's name.
If a copy of the report was not given to the person, the objection is not built over a sentence that was not seen. The copy is requested from the authority that holds the file. Before the copy arrives, a finding in the report is not guessed. A guess does not take the place of the contradiction sentence in the petition. If the copy is a missing page, the missing page is not filled as if the result existed. Whichever page the concluding sentence stands on, that page is written. If there is no page number, it is said there is none.
Which sentence of the report is in the objection petition
The petition writes together the sentence of the report that is debated and the document inside the file that is placed beside that sentence. The document may be an earlier hospital record, an incident minute, or another report. An examination that is not in the file is not written as if it existed. If the date of the hospital record stands before or after the day the report examined, the two dates are placed side by side in the state they have on the papers. If one of the dates is faint, the faint one is not completed.
The objection does not content itself with the label that the report is wrong. Which sentence contradicts which record is shown. If the report says no fracture was found in the bone, and the hospital record in the file speaks of an image of a fracture, the petition places these two sentences side by side. Requesting a new report without the contradiction being shown leaves only a dissatisfaction before the authority. The contradiction being shown also does not mean a new report will be drawn up or the old one will fall. The request and the acceptance are separate steps. If two sentences say the same thing with a different word, it is not written as if there were a difference. Two lines that carry the same result are not presented as a contradiction.
How the wounding occurred, intent, or the result is not made the subject of this petition. This article does not tell those elements. The petition stays in the difference between the report's sentence and the record in the file. The account of the assault in the incident minute does not take the place of the report's finding sentence. If the account and the finding contradict, the contradiction is shown. The contradiction does not build a definite story of how the event was.
A request for a new examination does not write a rate
If a further examination or an opinion from another board is requested, the request ties its ground to the contradicting sentences. The ground is not built by inventing a disability percentage or a medical standard. If the rate is written in the report, the rate is conveyed as it is in the report. If it is not in the report, a rate is not added. The rate that is conveyed is not converted in this text into an amount of compensation or of a penalty. Beside which sentence the rate stands is also read from the report. The rate is not carried to the result of another paragraph.
A new examination does not of itself leave the old report without effect as a judgment. Two reports can stand in the file. Which one will be assessed is the authority's work. The person does not, by opening a second examination queue at the institution's door, mean they changed the report in the file. The second examination is also read only if it becomes a document that enters the file. The date of the second report does not erase the date of the first report. The two dates stand on separate lines. If the second report repeats the same sentence as the first, the repetition does not mean the first fell.
The health record in custody does not take the place of the forensic medicine report. The place of that record among the rights is under rights in custody. The reading of a statement as evidence stands under the evidential value of a police statement, and the public prosecutor's minute under a public prosecutor's statement minute. The frame before the statement is in the article on before giving a statement. These headings do not retell the authority of the objection to the report. A sentence in the health note does not of itself correct the concluding line of the forensic medicine report. A claim of correction goes to the authority of the file by the two sentences being written side by side.
The concluding section of the report and the findings section may not carry the same sentence. The petition writes in which section the sentence that is debated stands. If there is a finding in the findings and it is not in the conclusion, these two sections are placed side by side. If there is no section heading in the report, it is said there is none. A heading is not invented. If the age or the work of the person who was examined is written in the report and it contradicts the identity in the file, the contradiction is shown. The contradiction is not used to invent a medical result.
The request for a further examination says which sentence of the report it wants looked at again. The sentence that the whole report should be renewed does not suffice without the line that is debated being written. The authority may ask for a further opinion only for one sentence. The request does not of itself leave the rest of the report out of the subject. If the leaving-out stands separately in the authority's writing, it is read from that writing.
The framework is on the criminal law page.
Conclusion
The report is not a judgment. The objection is spoken not at the door of the institution that wrote the report, but in the authority where the file stands. The petition places the report's sentence and the record in the file side by side. The institution's sequence number does not take the place of the public prosecutor's or the court's number. A rate and a medical standard are not invented. The basis is the text of Criminal Procedure Code No. 5271.