Enforcement And Bankruptcy Offense 14

Enforcement And Bankruptcy Offense 14

Enforcement and Bankruptcy Offense – Breach of Commitment

For the debtor to be punished for the offense of breach of commitment, there must be an enforcement proceeding initiated against them, and as a result of this proceeding, a debt payment agreement must have been made between the debtor and the creditor before the enforcement office, and the debtor must have failed to fulfill their commitment under this payment agreement.

If this payment agreement is arranged in the form of installment payments within the context of Article 111 of the Enforcement and Bankruptcy Law, the payment dates and amounts to be paid must be clearly specified in the agreement. Otherwise, this situation may prevent the crime of breach of commitment from occurring. Furthermore, whether or not this commitment was made at the Enforcement Directorate is also important in terms of the offense. That is, if the commitment was made outside the enforcement office, this offense will not occur.

Again, the prosecution of the offense of breach of commitment is subject to complaint, and the complaint must be made within three months from the date the offense was learned and, in any case, within one year.

The court with jurisdiction over the offense is the Enforcement Criminal Court. The competent court is the enforcement court to which the enforcement office conducting the proceedings is affiliated.