Complaint Petition Regarding Threats and Insults

TO THE REPUBLIC PROSECUTOR'S OFFICE,
ANKARA

COMPLAINANTS:

1. Name and Surname – (Turkish Republic Identity Number: …) – Address
2. Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Lawyer's Name and Surname – Address

COMPLAINED AGAINST:
Name and Surname – Address

CRIME:
Threat and Insult

DATE OF CRIME:
…/…/…

EXPLANATIONS:

1. Details of the Incident: The person complained about, whose full name is [Name and Surname], called our client, whose full name is [Name and Surname], from phone number [Phone Number] at [Time] on [Date] on [Date]. During this phone call, he insulted and threatened our clients.
2. Evidence and Content: As can be understood from the audio recordings we are submitting as an annex to our petition (ANNEX 1: Audio recordings containing the telephone conversation between our client and the person complained against), the person complained against, during the telephone conversation with our client, explicitly threatened and insulted our client and his wife using expressions such as "...". The malicious intent and malice of the person who went so far as to imply that our client's husband was having an affair with our client's sister's daughter is evident. Despite all these insults and threats, our client tried to remain calm and repeatedly told the person not to speak like that. However, the person continued to do so. Even when our client stated that his grandchild was present, the person continued to make threats and insults without stopping.
3. Legal Assessment: Article 106 of the Turkish Penal Code, which regulates the crime of Threat, states: “(1) A person who threatens another person by stating that he will carry out an attack on his life, bodily integrity or sexual integrity or that of a close relative shall be punished with imprisonment from six months to two years. If the threat is made by stating that he will cause great damage to his property or inflict other harm, upon the complaint of the victim, imprisonment up to six months or a judicial fine shall be imposed.” Article 125, which regulates the crime of Insult, states: “(1) (Amended: 29/06/2005 – 5377/15 art.) A person who attributes a concrete act or fact to another person that may offend their honor, dignity and reputation, or who attacks the honor, dignity and reputation of another person by insulting them, shall be punished with imprisonment from three months to two years or a judicial fine. For the insult to be punishable in the absence of the victim, the act must be committed in the presence of at least three people. (2) If the act is committed through an audio, written or visual message addressed to the victim, the penalty specified in the above paragraph shall be imposed.” The conversations made constitute a crime within the scope of these articles.
4. Jurisdiction and Application: On the date the phone call took place, our clients were located within the borders of ... Province, and since their place of residence is also in ... Province, it has become necessary to submit our application to your office as the competent prosecutor's office. As a result of the harassment, threats, and insults made by the person we are complaining about via telephone, our clients' peace of mind and psychological well-being have been disturbed.

EVIDENCE:

1. Audio recordings of a telephone conversation between the accused and the client,
2. GSM records,
3. All legal evidence.

LEGAL GROUNDS:
Turkish Penal Code (TCK) and other relevant legal legislation.

CONCLUSION AND REQUEST:
For the reasons explained above and other reasons that may be deemed necessary ex officio;

1. We request that the necessary investigation be conducted regarding the person complained against for the crimes of threats and insults
2. The suspect should be punished in accordance with the relevant articles of the Turkish Penal Code
3. I request and demand that a public prosecution be initiated.

…/…/…

Name and Surname of the Complainant's Attorney Signature