Some arrangements are made to facilitate access to finance sources in order to contribute to the elimination of the negative effects of Covid-19 pandemic and to strengthen the state’s economy. The Law, which contains regulations on economy, entered into force on 26 March 2020 by being published in the Official Gazette.
Amendments were made in Law on Disregard of Kite Cheque and Protested Bills and Records of Credit and Credit Card Debt and in Law of Cheques.
LAW OF CHEQUES
In accordance with the Article 49 which added to the Law numbered 7226 on Making Changes on Some Laws; a provisional article has been added to Law of Cheques. According to this article;
1.The Execution of The Punishments of The Defendants Who Are Convicted due to The Crime of “Causing the Transaction of A Kite Cheque”, which has been committed before 24.03.2020 have been stopped.
PROVISISIONAL ARTICLE 5/1; ”Execution of the punishments of those convicted for the crime defined in the Article 5 and committed before 24/3/2020 shall be stopped as of the effective date of this article.”
2.The Convicted Has To Pay The Unpaid Cheque Price Within The Time Prescribed By Law After The Release.
PROVISISIONAL ARTICLE 5/1; “… The convicted is obliged to pay one-tenth of the unpaid portion of the check price within three months from the date of release. It will be decided to eliminate the criminal conviction with all its consequences by the court if the remaining part will be paid in fifteen equal instalments every two months from the end of the three-month period.”
3.The Continuation of The Execution Will Be Decided In Case The Convicted Does Not Make Any Payment.
PROVISISIONAL ARTICLE 5/1; “…. The continuation of the execution of the punishment will be decided by the court upon the creditor’s complaint, in case one tenth of the unpaid portion of the check price is not paid within three months at the latest after the execution is stopped.”
In case the %10 of the cheque value is paid within 3 months since the date of release but the instalments for the remaining part of the cheque value are not paid for more than one time and again, upon the complaint of the creditor, the continuation of the punishment will be decided by the court.
The important point is; the creditor’s complaint should be filed with the Enforcement Criminal Court which issued the verdict.
4.The Period Of Criminal Limitation Will Not Continue with Stopping the Execution; A Decision on “International Travel Ban” for the Convicted Can Be Made.
PROVISIONAL ARTICLE 5/2; “The period of criminal limitation will not continue if the execution of the sentence is stopped.”
PROVISIONAL ARTICLE 5/3; “The judicial control measure included in subparagraph (a) of the third paragraph of Article 109 of the Criminal Procedure Law can be decided by the court for the person whose punishment execution was suspended pursuant to this article.”
Since the enforcement of the punishment will be stopped as of the publication date of the law, the period of criminal limitation will not continue in accordance with the relevant article as of this date.
5.Objection Against The Decision Made By Enforcement Criminal Court is possible According To The Article 353 Of Enforcement And Bankruptcy Law.
PROVISISIONAL ARTICLE 5/5; “Objection can be made against decisions to be made under this article. For the examination of the objection, the procedure determined in the first paragraph of article 353 of the Enforcement And Bankruptcy Law shall be applied.”
6.It Can Only Be Applied Once For Each Crime Of “Causing the Transaction of A Kite Cheque”.
PROVISISIONAL ARTICLE 6; “The provisions of this article can be applied only once for each crime.”
FOR MORE DETAILS , CONSULT THE ARTICLE’s WRITER
Yalçın & Toygar Law Office
Kabatas-Setustu, Inebolu Sok. No:25 Ada Apt. D.11 34427 Istanbul
+90 212 293 09 09