Decision Of The Criminal General Assembly Of The Court Of Cassation On The Penalty For Breach Of Commitment
The General Assembly of the Court of Cassation, in its decision dated 09.10.2001 and numbered 2001-16-181 E. 2001/200 K;
“….In order for the offense of breach of commitment to occur, the total amount to be paid by the debtor must be clearly indicated in numerical terms in the payment commitment and the parties must agree and accept on this amount. Although the amount of the debt is stated in the follow-up request, this is not sufficient, the interest, attorney’s fee, execution fees and expenses that have been and will be accrued at the time the commitment is made must be determined, and thus the amount based on the debtor’s commitment must be determined. When this amount is not determined, since it cannot be determined without any doubt for which amount the debtor has made a commitment and for which amount the acceptance of this commitment has been made by taking into account, criminal liability will not arise in case of violation of the payment condition. should go, otherwise a judgment of acquittal should be established for lack of intent.”
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