In the district of Karabağlar in Izmir, a 35-year-old Hasan Ozan Baştosun, who shot and killed his ex-wife Fulya Öztürk with a gun at the bakery where she worked, had his life sentence overturned by the appellate court on the grounds that no 'mental health' report was obtained. In the requested report for Hasan Ozan Baştosun, it was stated that his mental health is intact and his criminal liability is complete. SHOT HER AT THE BAKERY WHERE SHE WORKEDThe incident took place on December 9, 2020, at the bakery where Fulya Öztürk worked. Hasan Ozan Baştosun, who had recently divorced but was still living together with Fulya Öztürk, went to her side. An argument broke out between Öztürk and Baştosun. As the argument turned into a fight, Baştosun aimed his gun at Öztürk and fired. Öztürk fell to the ground with bullets hitting her body. Baştosun took Öztürk's car and fled. The employees of the bakery reported the situation to the health team. The health team that arrived at the scene determined that Fulya Öztürk had lost her life. After the autopsy at the Forensic Medicine Institute morgue, Öztürk's body was buried in the Taşkaya Neighborhood Cemetery in Fethiye district of Muğla, her hometown. LIFE SENTENCE WAS REQUESTEDHasan Ozan Baştosun, who surrendered to the police and stated that he killed Fulya Öztürk out of jealousy, was arrested by the judge at the courthouse where he was taken. After the investigation, a trial was opened against Baştosun at the Izmir 7th Heavy Penal Court with the demand for aggravated life imprisonment for the crime of 'premeditated murder'. In the hearing of the case on April 25, 2022, the prosecutor announced his opinion on the main issue. Based on the collected evidence and statements, it was requested that the defendant Baştosun be sentenced to life imprisonment for the crime of 'premeditated murder'. In the sentencing hearing last year in May, the detained defendant Baştosun was sentenced to life imprisonment for the crime of 'premeditated murder' without any reduction in his sentence. HE CLAIMED TO HAVE HAD A SEIZURE AFTER THE ARGUMENTUpon the objection of the lawyers, the case was taken to the appellate court. The 4th Criminal Chamber of the Izmir Regional Court of Justice stated that during the trial held in May 2021, it was stated that Baştosun had a seizure due to epilepsy after they argued while talking on the phone with Fulya Öztürk before the incident. The chamber emphasized that a report should be obtained regarding whether Baştosun could perceive the legal meaning and consequences of the act he committed or whether his ability to direct his behavior in relation to this act was significantly impaired. The chamber also concluded that the defendant's legal situation should be evaluated accordingly. NO EVIDENCE OF IMPAIRED MENTAL HEALTHFurthermore, the 4th Criminal Chamber of the Izmir Regional Court of Justice also concluded that the decision was made with insufficient reasoning and unanimously ruled to overturn the decision of the local court and send the file back to the local court. While waiting for the new hearing of the case, the mental health report requested from the Istanbul Forensic Medicine Institute regarding the defendant has arrived. In the report, it was stated that "Based on the examination conducted by our Institution on 21/02/2024, no medical evidence or document indicating any mental illness or intellectual disability that would eliminate or reduce the defendant's criminal responsibility, impair his consciousness and freedom of action to an extent that would eliminate or reduce his ability to perceive the legal meaning and consequences of the act and direct his behavior in relation to this act was found".
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