Objection to the Acquittal Decision in Breach of Commitment Case
(No Authorisation Certificate)
ANTALYA 1ST ENFORCEMENT CRIMINAL COURT
(To be sent)
ANTALYA 8TH ENFORCEMENT CRIMINAL COURT
FILE NO : ……..E.
OBJECTOR :……..A.Ş
(CLIENT)
ATTORNEY : Att. ………..
DEFENDANT : …………
SUBJECT :
It consists of the presentation of our objections to the decision of Antalya 8th Execution Criminal Court ………….Date and …………Esas.
EXPLANATIONS :
The acquittal decision given by the honourable court on ………. is contrary to the procedure and the law. Namely
Due to the receivable of the client bank from the debtor / defendant ………., the proceedings were initiated with the file numbered ……… Esas of Antalya Bank Receivables Enforcement Office.
The debtor/defendant Birdoğan Temurlenk undertook to pay the entire debt in monthly instalments starting from 26.07.2021 in the file numbered ……… of Antalya Bank Receivables Enforcement Office. However, he did not fulfil the instalment dated 25.01.2022 without a justifiable reason.
The official commitment document subject to this lawsuit was signed in the presence of Antalya Bank Receivables Enforcement Office Manager ………..
The authorisation document based on the commitment document was sent to the execution file on 23.06.2021 by us.(Annex-1)
Documents were requested from the execution office based on this case, and the office replied that the Stj. Att…….. document was not found.
It is contrary to the procedure and the law to make a decision in accordance with this answer given by the execution office as a result of not looking carefully enough at the documents registered in Uyap.
The authorisation document sent by us on 23.06.2021 based on the commitment document was registered by the execution office under the name of “Request for File Account”.(Annex-2)
As it can be understood, the document signed in accordance with this authorisation certificate sent on the same date with the commitment document maintains its official validity.
CONCLUSION and REQUEST :
For the reasons explained above and to be observed ex officio;
Firstly, our objection shall be accepted by the Honourable Court,
Subsequently, since the file was finalised, the defendant was sentenced by making a judgement on the merits
We hereby jointly and severally request a verdict.
Victim’s Counsel
Atty………….
You can access our other article examples and petition examples by clicking here.