Categories: General

Situation Where The Cost Of Collection Is Not Written In The Commitment Protocol

Supreme Court 11. Criminal Division: 2013/4394, K: 2013/3766

Ministry of Justice General Directorate of Criminal Affairs 24/12/2012 day and 2012/18590/73022 Law No. 23/01/2013 day and PUK organized by the prosecutor general of the Supreme Court with reference to the request for violation.With Notice No. 2013/4255;

1. The execution Criminal Court dated 27/04/2012 and 2012/89 basis, 2012/453 with the acceptance of the appeal made by the client’s attorney to the decision of the defendant No. 340 of the execution and Bankruptcy Law No. 2004. Mersin 2, which is punishable by imprisonment for up to 3 months in accordance with article. Review of the file covering the decision of the executive Criminal Court dated 07/06/2012 and 2012/147;

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

According to the contents of the file examined, since it appears in the place of thought in the notice issued with reference to the request for violation of the law …2. 309 of CMK No. 5271 of the executive Criminal Court’s Decision No. 2012/147 of 07/06/2012. since it is possible to be decided in accordance with Article 309/4-d of the CMK on this issue, it was unanimously decided on 07.03.2013 that the debtor should not be sentenced to imprisonment for pressure imposed for violating the payment requirement on Hasan Bektash, the file was submitted to the prosecutor general of the Supreme Court of Cassation.

Aşıkoğlu Law Office

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