-SAMPLE PETITION-
ANKARA ( ) EXECUTIVE CRIMINAL COURT
OBJECTING TO THE COMPLAINT
DEBT :
ADDRESS :…
ATTORNEY :
ADDRESS :
PHONE :
THE COMPLAINANT
LENDER :
ADDRESS :…………
SUBJECT OF REQUEST : It consists of the presentation of our defenses against the complaint made against the client and our request for release.
INSTRUCTIONS
After the client A… B…’s debt to the creditor C… D… could not be paid, the creditor asked Ankara ….Executive Directorate ‘s 2021/….. Enforcement proceedings have been initiated through the main numbered file (ANNEX-1).
Upon completion of the said follow-up, the client undertakes to pay the debt for a period to be determined in the presence of the executive director and with the consent of the creditor. Accordingly, the client ../../…. He has committed to pay his debt by paying TL 000.00 per month from the date. By the creditor ../../…. On its date, a memorandum of acceptance (ANNEX-2) was sent to us and this commitment offer was accepted.
Although the client has made a commitment to pay, the client’s business has been disrupted, as have many of our citizens, due to the Covid-19 pandemic that has affected the world and our country after the commitment. The requirements of the commitment subject to the complaint given to the client before the pandemic were not fulfilled due to the fact that the client fell into debt after the pandemic. As a result of this situation, which occurred without the client’s intention, the court will november 2021 /…. A complaint has been filed against the client on the basis of the numbered case file; the client has been requested to be punished. The petition in question is on our side../../…. We have been notified on the date and we are submitting our objections within the period of time.
When all the documents and information in the file are examined, it will be seen that the material and moral elements of the crime have not been formed and that there are no moral facts sufficient to punish the client.
The client has no intention of non-payment of the november installments. This difficult situation, in which the client is in debt, has made him unwilling in his business dealings, even though he has no november. The non-payment of the pledged installments did not occur within the control of the client and by caste.
HR 340. According to the article “Upon the complaint of the debtor, the debtor who violates the debt payment requirement agreed at the enforcement agency with the consent of the creditor without any reasonable reason, is ordered to be imprisoned for up to three months. It is said that “. However, as your court is aware, as a result of this unfortunate situation in which the world and our country were caught unprepared, most of the things in the client’s hand and palm were exhausted; the client was unable to meet the installments he had committed to pay. This difficult situation in november the client fell into was reported to the opposing complainant and although time was requested, the complainant refused this request; despite the fact that the client had no intention, he filed a complaint with your Court.
For these reasons described, it is impossible that the client has committed the crime against which he is accused. The client has not acted with caste. It is not possible for a client whose business activities have been hit by the pandemic to not fulfill commitments without a deliberate or reasonable reason. When the client’s assets and bank account movements submitted to the file (ANNEX november 3) are examined, it will be revealed that he has no intention, and the situation has become like this for completely unattainable reasons. The client has acted with great diligence and commercial consciousness in his commercial relations until the pandemic period. This situation in which he fell into was completely realized november reasons that were not in his hands, without his intention and fault.
Given the difficult conditions in which our country is located by your court, and the fact that the material and moral element of the crime has not occurred, it does not fall within the law and procedure to accept the complaint when it should be dismissed and put the client in the title of defendant. Failure to acquit the client of a breakthrough crime will further affect his business title and cause irreparable harm in the future.
We inform you that we do not accept any of the client’s claims in this regard. Since the client has no november and defects, and the material and moral elements of the crime do not occur in this aspect, your court must decide on his acquittal of the crime.
LEGAL REASONS : IIK (340. and all other substances), HMK, Av. Law and other relevant legislation
EVIDENCE : Ankara ….Executive Directorate ‘s 2021/….. E. Subpoena No. 1, Acceptance memorandum, Bank records and assets breakdown of the client accused, Expert report (If Deemed Necessary), Other all kinds of delail
CONCLUSION AND CLAIM: For all the reasons described above and which will be considered by your court you’re,
1- With the ACCEPTANCE of OUR DEFENSES described above, the client C….. E….refusal of the lawsuit filed by,
2- Client A…. who has been charged with a crime of violating a payment commitment…. B…..ACQUITTAL OF,
3-We offer and request that it be decided that the costs of the trial and the power of attorney will be charged to the client in return. 28/09/2021
Defendant A…. B…. The Defender
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