State Of Uncertainty In The Commitment To Pay, Invalidity Of The Commitment

16 Jan State Of Uncertainty In The Commitment To Pay, Invalidity Of The Commitment

Supreme Court 11. Sentencing Department: 2013/11074, Decision: 2013/8061

Ministry of Justice General Directorate of Criminal Affairs 15/04/2013 day and 2013/5880/24325 Law No. 02/05/2013 day and PUK organized by the prosecutor general of the Supreme Court with reference to the request for violation.With Notice No. 2013/140291;

Defendants for violating the payment requirement …on their acquittal as a result of a trial on their rights … 5. 13/12/2011 of the executive Criminal Court and 2011/1522 basis, 2011/1813 decision on the cancellation of the said decision with the acceptance of the appeal made by the complainant’s deputy …1. Following the decision of the Enforcement Criminal Court of 19/03/2012 and 2012/178 amended business no., the defendants are not entitled to the 340 of the enforcement and Bankruptcy Law no. 2004. according to Article 5, they should be sentenced to imprisonment for up to 3 months. On the rejection of the appeal made by the defendant …attorney against the decision of the executive Criminal Court of 10/07/2012 and 2012/418 basis, 2012/1183 …1. In the examination of the file covering the decision of the executive Criminal Court dated 01/10/2012 and 2012/511 different business;

1 – regarding the accused … 5. In the review of the decision of the executive Criminal Court dated 10/07/2012 and 2012/418 basis, 2012/1183;

13. In the follow-up file 2010/24758 of the Executive Directorate, 20/01/2011 commitment protocol containing the commitment of the defendants to pay; “the interest debt that will be processed according to the payment dates, the rights related to the surplus are stable.”given the fact that there is uncertainty in the payment commitment, the total amount of debt to be paid for these reasons has been calculated together with all fer’s and has not been clearly shown, it is understood that the commitment of the defendants is legally invalid, and the decision on the conviction of the accused in writing, rather than acquittal, was not a hit.

2 – regarding defendant M … 1. In the review of the decision of the executive Criminal Court dated 01/10/2012 and numbered 2012/511;

13. In the follow-up file 2010/24758 of the Executive Directorate, 20/01/2011 commitment protocol containing the commitment of the defendants to pay; “the interest debt that will be processed according to the payment dates, the rights related to the surplus are stable.”given that there is uncertainty in the commitment to pay for these reasons, the total amount of debt to be paid is calculated together with all fer’s and is not clearly shown, because it is understood that the commitment of the defendants is legally invalid, rather than accepting the objection, since the decision to reject it in writing is not a hit, betting 5271 of the Code of Criminal Procedure 309. according to the article, the aforementioned decision was requested to be violated, the file sent to our apartment was examined and the need was discussed:

…13. In the payment commitment dated 20.01.2011 in the 2010/24758 main follow-up file of the Executive Directorate, the collection fee that the borrower must pay is not clearly shown, as well as the interest that will be processed according to the payment dates is not calculated, while the rights related to the excess are reserved, the total amount of debt is not clearly shown and is legally invalid due to the uncertainty in the payment commitment;

1. 19.03.2012 day of the executive Criminal Court and 2012/178 with the decision of different business; the decision to accept the appeal was made and 271/2 of the Code of Criminal Procedure 5271. according to the article, the authority that considers the objection in place must also make a decision on the subject of the objection. For this reason, since the actions and decisions made later are not in force, it was decided unanimously on 16.05.2013 that the file should be sent to the Ministry of justice for the evaluation and performance of the need to violate the law in the interests of the specified issue.