Violation Of The Payment Requirement, The Terms Of Validity Of The Commitment - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Violation Of The Payment Requirement, The Terms Of Validity Of The Commitment

16 Jan Violation Of The Payment Requirement, The Terms Of Validity Of The Commitment

Posted at 20:25h in General by
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Supreme Court 11. Sentencing Department: 2014/2326, Decision: 2014/2512

Ministry of Justice General Directorate of Criminal Affairs 09/12/2013 day and 2013/18498/75000 Law No. 25/12/2013 day and PUK organized by the prosecutor general of the Supreme Court with reference to the request for violation.With Notice No. 2013/398784;

5 on the acquittal as a result of the trial against the defendant for violating the debtor’s payment requirement. With the acceptance of the appeal of the executive Criminal Court’s decision of 26/01/2012 and 2011/684 basis, 2012/29, the defendant shall be sentenced to imprisonment for up to 3 months …6. In the examination of the file covering the decision of the executive Criminal Court dated 14/06/2012 and 2012/70 different work;

309 of the Criminal Procedure Code 5271, since the total amount of debt required to be paid must be calculated and clearly shown together with all fer’s, the follow-up costs and interest received before the date of the commitment are not clearly included in the commitment, nor is the creditor’s statement that they were waived, so the commitment in question is legally invalid and the crime attributed to the defendant does not occur, without the evil eye, since the decision to accept the appeal in writing, rather than rejecting it. 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:

Since the contents of the file under review appear in the place of thought in the notice issued with reference to the request for violation of the law, …6. 14.06.2012 day of the executive Criminal Court and 2012/70 amended business decision 5271 of CMK 309. 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 13.02.2014 that the sentence of imprisonment of the accused should not be imposed, that the file should be submitted to the prosecutor general of the Supreme Court of Cassation.

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