Failure To Show The Collection Fee In The Commitment Minutes – Status Of The Commitment
11th Criminal Chamber of the Supreme Court Esas: 2013/4394, K: 2013/3766
With the notification dated 23/01/2013 and numbered KYB.2013/4255 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 for reversal in favor of the law dated 24/12/2012 and numbered 2012/18590/73022;
In the examination of the file covering the decision of Mersin 2nd Execution Criminal Court dated 07/06/2012 and numbered 2012/147 different business dated 07/06/2012 and numbered 2012/147 regarding the acceptance of the objection made by the complainant’s attorney to the decision of the 1st Execution Criminal Court dated 27/04/2012 and numbered 2012/89 main, 2012/453 regarding the acquittal of the defendant İ…. as a result of the trial on the offense of violation of the debtor’s payment terms and the punishment of the defendant with compression imprisonment up to 3 months in accordance with Article 340 of the Execution and Bankruptcy Law No. 2004;
…In the follow-up file numbered 2011/6269 of the 6th Execution Directorate, it is understood that the commitment made by the defendant is legally invalid due to the fact that the collection fee to be paid by the debtor is not shown in the commitment report dated 06/10/2011, which includes the defendant’s commitment to pay, and therefore the total amount of debt to be paid is not calculated and clearly shown together with all its accessories, and it is understood that the commitment made by the defendant is legally invalid, and instead of rejecting the objection, it is not seen in the decision to accept it in writing, in accordance with Article 309 of the Criminal Procedure Law No. 5271. Pursuant to Article 309 of the Criminal Procedure Law No. 5271, the file sent to our Chamber was examined and the necessity was discussed:
According to the contents of the file examined, since 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 …2nd Execution Criminal Court dated 07/06/2012 and numbered 2012/147 amended work numbered 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 07.03.2013 that the sentence of compulsory imprisonment imposed on the debtor Hasan Bektaş due to the act of violating the payment condition shall not be executed, and the file shall be referred to the Chief Public Prosecutor’s Office of the Court of Cassation.