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Compensation Claim For Unlawful Detention

Compensation Claim For Unlawful Detention

… TO THE PRESIDENCY OF THE HIGH CRIMINAL COURT

PLAINTIFF : (TC No: )

ADDRESS :

ATTORNEY :

ADDRESS :

DEFENDANT :

ADDRESS :

SUBJECT: Our claim for ….-TL in material damages and …-TL in moral damages due to unlawful detention.

EXPLANATIONS:

1-) The defendant …../…./…. On the aforementioned date, the defendant requested assistance from our client to withdraw money from an ATM. However, when the card was blocked, the defendant requested the return of the card from the bank’s employees. The bank stated that the card was not in the ATM and that the money had been withdrawn a short time ago. As a result, the defendant unjustly accused our client, leading to a search of his locker and person at the workplace, his detention, and the initiation of a criminal investigation against him.

2-) Our client works at his workplace in the capacity of …. During the aforementioned investigation, he was placed in a difficult situation due to the search of his workplace and locker, was humiliated in front of his colleagues, and felt under psychological pressure. Furthermore, during the period he was detained, he was unable to go to work, resulting in a deduction from his salary for the days he was absent.

3-) For the reasons explained above, it has become necessary to file this lawsuit to ensure that the defendant compensates for the material and moral damages arising from the unlawful detention.

LEGAL GROUNDS: Turkish Criminal Procedure Code No. 5271, Articles 91, 92, 118, 141.

LEGAL EVIDENCE:

1-Prosecution Investigation File No. ……/…… and Detention Order

2-Workplace Personnel File

CONCLUSION AND DEMAND: For the reasons explained above, we respectfully request that our client be awarded a total of … TL in material damages and … TL in moral damages, totaling … TL, for the period during which he was unjustly detained, that interest of … TL be awarded from …/…/…, and that the litigation costs and attorney’s fees be borne by the opposing party. …/ …/ …

Plaintiff’s Attorney

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