Complaint Petition For False Declaration Of Property
… JUDGESHIP OF THE CRIMINAL COURT OF EXECUTION
COMPLAINANT
REPRESENTATIVE :
SUSPECT (DEBTOR) :
AGENT :
ADDRESS :
DATE OF CRIME :
SUBJECT : False Declaration of Property
We demand that the suspect be sentenced to imprisonment.
DATE OF CRIME :
EXPLANATIONS
1-) Due to the non-payment of the promissory note dated …/ …/ … on time, our client started enforcement proceedings against the suspect (debtor) with the file numbered …/ …/ … E. of the … Enforcement Directorate and the proceedings were finalized with the notification made to the debtor at the workplace of the suspect (debtor) at … … … on …/ …/ … date. The suspect (debtor) stated that there is no movable and immovable property registered in his name with the petition he submitted to the … Enforcement Office on …/ …/ … date.
2-) In the research conducted, it was determined that the immovable property on … island … parcel was registered in the name of the suspect (debtor) in the title deed, and although the suspect (debtor) defended that he sold this immovable property with an external deed before the enforcement proceedings against him, therefore he did not show it in the declaration of property, the sale of the immovable property registered in the title deed with an external deed is invalid. It is possible for the suspect, who appears as the owner in the title deed, to benefit and dispose of the immovable property at any time. The fact that the debtor did not declare in his declaration of property that he sold and delivered the immovable registered in his name with an external deed and that the immovable was found as a result of the research conducted during the enforcement proceedings shows that he was not in good faith.
3-) It is a requirement of the law that the suspect (debtor), who did not declare the immovable property registered in his name on the date of the crime, should be sentenced for the charged crime. This action of the suspect (debtor) who made a false declaration of property constitutes a crime according to Article 338 of the Execution and Bankruptcy Law No. 2004, and it has become necessary to apply to your court to ensure that the suspect is punished.
LEGAL GROUNDS : Art. 74, 338 of Law No. 2004.
LEGAL EVIDENCE :
1 – … Execution Directorate’s file numbered …/ … E.
2- The petition given to the … Enforcement Office on …/ …/ …
3- Title deed records
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the suspect be sentenced to imprisonment in accordance with Article 338 of the Execution and Bankruptcy Law No. 2004, and that the costs of the trial be charged to the other party. …/ …/ …