REPUBLIC ATTORNEY GENERAL’S OFFICE
……………….
COMPLAINANT :
AGENT :
SUSPECT :
OFFENCE : Ik. Neglect of duty in violation of Art. 355 and 356/3
DATE OF CRIME :
EXPLANATIONS
1- Due to a receivable of my client, an enforcement proceeding was initiated against the debtor ………… with the file numbered …….. of the ……….. Enforcement Directorate. In this file, pursuant to the consent of the debtor, a letter dated …….. was written to the Provincial Directorate of SSI (Transferred Pension Fund) for the seizure of his entire salary from the pension fund, and the letter was delivered to ……. The letter was delivered to the institution with the date and number ……… (Annex-1)
2- Upon the non-response of the relevant institution to the letter, the salary deduction letter was repeated with the letter dated …………, but again no action was taken and the debtor’s salary was not deducted. (Annex-2)
3- Thereupon, it was requested with a letter dated …… (Annex-3) that action would be taken against the responsible officers who did not carry out the transaction in accordance with Article 356 and 357 of the BEC and for this reason, the information of the responsible officers was requested (Annex-3), but again, the BEC violated Article 356/3 and no information was provided about the responsible officers.
4- However, after our last letter, the institution took action in accordance with our salary deduction letter dated ……….. and notified that deductions would be made from the debtor’s salary as of ………… (Annex-4).
LEGAL GROUNDS : 257/1 of the Turkish Criminal Code No. 5237, 2004 S. K. 355- 356/3 and the relevant legislation
LEGAL EVIDENCE : ………. Enforcement Directorate’s follow-up file numbered ………, attached documents, witness statements and other evidence.
CONCLUSION AND REQUEST : For the reasons explained above, I request that a public lawsuit be filed against the relevant and responsible officers of the Provincial Directorate of the Social Security Institution, who did not fulfil the procedure to be determined, by conducting the necessary investigation to punish them for the acts they have committed.
Deputy of the Complainant
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