SUPREME COURT 11. Criminal Department No: 2013/4394, K: 2013/3766

24/12/2012 day and 23/01/2013 day and PUK organized by the Prosecutor General’s Office of the Supreme Court in reference to the request of the General Directorate of Criminal Affairs of the Ministry of Justice to overturn the law No. 2012/18590/73022 for the benefit of the General Prosecutor’s Office of the Ministry of Justice.by notification dated 2013/4255;

Regarding the acquittal of the debtor as a result of the trial conducted against the accused for violating the payment requirement …1. 340 of the Execution and Bankruptcy Code of 2004 of the defendant with the acceptance of the appeal filed by the client’s deputy to the decision of the Executive Criminal Court dated 27/04/2012 and No. 2012/89 of the basis, 2012/453 of the defendant, dated 27/04/2004. according to Article 2 of Mersin on the punishment of up to 3 months of suspended imprisonment. In the examination of the file covering the decision of the Executive Criminal Court dated 07/06/2012 and numbered 2012/147;

…6. The Executive Directorate in the following file 2011/6269 numbered based on the defendant’s commitment proceedings dated 06/10/2011 contains its payment obligations to be paid by the debtor of fees to be charged are not shown, therefore, the amount of total liabilities to be paid is not shown explicitly calculated, along with all the individual types of commitment made by the defendant was legally invalid due to the fact that it is understood that, but instead of the rejection of the objection in writing to the admission decision has not been seen to bet code of Criminal Procedure No. 5271 hitting 309. in accordance with the article, it was requested that the aforementioned decision be overturned, but the file sent to our department was examined and discussed as necessary:

According to the contents of the file being reviewed, the thought in the notice issued in reference to the request to disrupt it for the benefit of the law is seen in place …2. Article 309 of the CMK No. 5271 of the decision of the Executive Criminal Court dated 07/06/2012 and amended on business No. 2012/147. since it is possible to decide on this issue in accordance with Article 309/4-d of the CMK, it was decided unanimously on 07.03.2013 that the debtor Hasan Bektash should not be sentenced to life imprisonment for violating the payment requirement, the file should be TRANSFERRED to the Prosecutor General’s Office of the Supreme Court of Cassation, since it is possible to be decided in accordance with Article 309/4-D.