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Executions for the crime of writing a bad cheque suspended

“The Law No. 7226on the Amendment of Some Laws” dated 25.03.2020 was enacted by TBMM on 25.03.2020 and published in the Official Gazette on 26.03.2020.As per article 49 of this law,the execution of the sentences imposed on those convicted ofthe“Crime of Writing a Bad Cheque” committed until24.3.2020asprovided for by the article 5 of the Law of ChequesNo. 5941was suspended beginning from the date of entry into force of the article in question.

At this point it must be stated that, in the light of the decisions of the Court of Cassation, we may say that this is a crime whose consequence is adjacent to the act committed and the date on which it is deemed to be committed shall be the date of the moment on which the cheque was duly considered as “abadcheque” by the bank. (Republic of Turkey,Court of Cassation,the 19thCriminal Department,Docket No: 2018/6510 Decision:2018/11325 and 05.11.2018). Under this scope, the crimes which were committed prior to 24.03.2020 and is currently being executed or the crimes which were committed until that date but did not reach the stage of execution shall be covered along with the entry into force of this article.

Under the Law of ChequesNo. 5941,the idea ofthe protection of cheque which is a bill of exchange under the scope of the penal law may be accounted for by its special nature and the important place it occupies in the flow of the commercial life. The fact that cheque is abill of exchange to be paid for at sight has been given a disproportionately flexible interpretation in practice, leading to the expansion of its functions and its contribution to the sustainability of the commercial life by means of such practices as using it for purposes such as providing loan, providing guarantee and creating the possibility of using the cash value obtainedby giving a post-dated cheque,etc. In this respect, agreeing the fact that the consequence arises only against the creditor who is the legitimate bearer of the cheque due to committing of the relevant crime conflicts the goal of the protection of cheque, which is a bill of exchange, by the shield of penal law.

To the extent that at the phase of the execution of the crime in question, the legislator stated that the execution would be ex officio suspended without any commitment or payment schedule given by the perpetrator and related the incidents to followit to obligation, ruling that “The execution of the sentences imposed on those convicted of the crime defined in article 5 and committed until 24/3/2020 shall be suspended.”. Accordingly:

1- The convicted person is first of all required to pay 1/10 of the unpaid part of the cheque amount to the creditor withinno later than three months beginning from the date of release. If no payment is made withinthree months beginning from the date of suspension of execution at the latest, the court shall rule for the continuationof the execution upon complaint of the creditor.
2- On the other hand, the legislatorruled that all the consequences of the criminal conviction would be repealed if the outstanding portion of 9/10 is paid by the indebted party in fifteen equal installments (thirty months) withintervals of 2 months. Furthermore, it was ruled that if the convicted person fails to payany of the installments when due during the process of payment of installments, that installment would be added as an installment at the end of the payment of all other installments, but if the same situation is repeated the court would rule for the continuationof execution from the point where it was suspended again upon complaint of the creditor.

The same article further rules that in case of the suspension of the execution of the sentence, criminal lapse of time would not operate and that the court shall rule for putting judicial control for the convicted person in place pursuant to the article 109/3 of theLaw of Criminal ProcedureNo. 5271.
Furthermore, objections may be raised against the decisions to be given under the scopeof this article and such objections shall be examined based on the procedure provided for by the article 353/1 of the Enforcement and Bankruptcy Law.



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