Breach Of Payment Terms, Validity Conditions Of The Commitment
Judiciary Court 11th Criminal Chamber Esas: 2014/2326, Decision: 2014/2512
With the notification dated 25/12/2013 and numbered KYB.2013/398784 issued by the Supreme Court of Appeals Chief Public Prosecutor’s Office with reference to the request of the Ministry of Justice General Directorate of Criminal Affairs to revoke in favor of the law dated 09/12/2013 and numbered 2013/18498/75000;
In the examination of the file covering the decision of the 6th Execution Criminal Court dated 14/06/2012 and numbered 2012/70 Change of Work dated 14/06/2012 regarding the acceptance of the objection to the decision of the 5th Execution Criminal Court dated 26/01/2012 and numbered 2011/684 Esas, 2012/29 regarding the acquittal of the defendant … for the crime of violating the debtor’s payment terms;
In the minutes dated 03/02/2011 containing the defendant’s commitment, the total amount of debt to be paid should be calculated and clearly shown together with all its accessories, the costs of the proceedings and the interest receivable accrued until the date of commitment are not clearly included in the commitment, as well as the statement of the creditor’s attorney that they are waived, Therefore, without taking into account that the commitment in question is legally invalid and that the crime attributed to the defendant has not occurred, it was not seen to be inaccurate in the decision to accept the objection in writing instead of rejecting it, in accordance with Article 309 of the Code of Criminal Procedure No. 5271. Pursuant to Article 309 of the Code of Criminal Procedure No. 5271, it was requested to overturn the aforementioned decision, and the file sent to our Chamber was examined and the necessity was discussed:
Since the contents of the file examined and the opinion in the notice issued with reference to the request for reversal in favor of the law is deemed appropriate, the decision of the 6th Execution Criminal Court dated 14.06.2012 and numbered 2012/70 Change of Business was NULlified in accordance with Article 309 of the Code of Criminal Procedure numbered 5271. Since it is possible to make a decision on this matter in accordance with Article 309/4-d of the Code of Criminal Procedure, it was unanimously decided on the day of 13.02.2014 that the sentence of restraint imprisonment imposed on the defendant shall not be executed and the file shall be referred to the Chief Public Prosecutor’s Office of the Court of Cassation.