-SAMPLE PETITION-
ANKARA ( ) EXECUTIVE CRIMINAL COURT
SUSPECT :
ADDRESS :…………
THE DEFENDER :
ADDRESS :
PHONE :
COMPLAINANT :
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
The Client C….. E…. and client A….. B….. in between, there is a …Bank …Branch …serial number, referring to the client’s debt to dec client../../….a check (ANNEX-1) with a value of TL 000.00 dated at the discovery and located at the discovery has been discovered.
It was found that the amount of TL 000.00 was unrequited when the client submitted the check to the bank during this check period; a comment was made on the back of the check that it was unrequited. For the purpose of collecting receivables arising from the said check, the cost of which cannot be paid, by the client, Ankara ….Executive Directorate ‘s 2021/….. A follow-up has been initiated against the client through his main numbered file (ANNEX-2) and by applying to your court, the client has been requested to be punished for the crime of discovering gratuitous checks.
When all the documents and information in the file are examined, it will be seen that the moral elements of the crime have not been formed and there are no material facts sufficient to punish the client.
The client has no intention of november the check for free. The Covid-19 Pandemic, which has been ongoing since the beginning of 2020, has caused unusual effects in the world and in the economy of our country. Like many of our citizens, the client’s business was disrupted; the check in question, discovered before the pandemic, was issued without the possibility of being unrequited, but as a result of the pandemic’s effects, the client’s business remained unrequited as a result of situations that were not in the hands of the pandemic. 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 fact that there was no provision for the check during the submission period was not realized within the control of the client and by caste. 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 hands and palm were exhausted; the client was unable to meet the check. This difficult situation in which the client fell was reported to the side complainant in return, and although time was requested, the complainant refused this request and submitted the check to the bank; the check remained unrequited. The complainant has filed a complaint with your Court on this situation, despite the fact that the client has no november.
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. When the client’s assets and bank account movements submitted to the file (ANNEX-3) are examined, our claim that he has no november will be revealed. 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.
Taking into account these difficult conditions in our country and the fact that the moral element of the crime has not occurred, it is not in accordance with the law and procedure to accept the complaint when it should be dismissed and put the client in the title of defendant. Failure of the client to be acquitted of a breakthrough crime will further affect his/her business title and may 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 caste and defects, and the spiritual elements of the crime do not occur in this aspect, your court must decide on his acquittal of the november crime.
LEGAL REASONS : Czech Law No. 5941 ( 5. and all other substances), TCK, CMK, Av. Law and other relevant legislation
EVIDENCE : …Bank …Branch …serial number, ../../….a check dated to the discovery, with a place for the discovery … with a value of 000.00 TL ( the Czech original is in the safe of the Executive Directorate), Ankara ….Executive Directorate ‘s 2021/….. E. A subpoena for a numbered file, a breakdown of bank records and assets belonging to the accused client, an expert report (If Necessary), Etc. 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…. for the crime of making an unrequited check.. B…..ACQUITTAL OF,
3- We supply and request by proxy that it be decided that the trial fees and expenses will be charged to the opposite party. 23/09/2021
Defendant A…. B…… The Defender
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