Re-entry Into Real Property And Vessels Surrendered By Judgment
The penalty for a debtor who, without just cause, re-enters real property or a vessel that has been delivered to a creditor or purchaser through the enforcement office in the offense of re-entering property or a vessel delivered by court order is determined by reference to the Turkish Penal Code. Accordingly, a debtor who commits this offense is punished under the provision titled “Seizure and Damage of Property Officially Delivered” in Article 290 of the Turkish Penal Code.
For the offense of re-entering a property or vessel that has been judicially delivered to occur, the enforcement office must have notified the debtor of the delivery record, and the debtor must have entered the property or vessel delivered to the creditor or purchaser despite this notification.
Prosecution of this offense, like the offenses previously discussed, is complaint-based. The creditor files a petition with the Public Prosecutor’s Office requesting the debtor’s punishment. If the Prosecutor’s Office deems the evidence sufficient to establish that the offense was committed, it initiates a public prosecution in the competent court, which is the Enforcement Criminal Court. The court with jurisdiction over this offense is the court to which the enforcement office where the proceedings were conducted is affiliated.