Summary:
Although the amount due on 30.03.2009, the last installment date, is not specified in the commitment minutes and is written as “the remaining part”; when the commitment minutes dated 15.02.2008 are carefully examined, the borrower; principal receivable, collection fee, interest paid, subsequent interest, commission, etc. by showing such expenses separately, he accepts that the total debt is 23,075.60 TL and undertakes to pay this amount, the interest paid and the subsequent interest are separately indicated, it remains that Kastamonu 1. Executive Directorate Executive Directorate of the subject of the complaint of the commitment letter dated 1.2.2008 arranged azdavay written to the amount of the debt 22.869,82 TL shown as given in the minutes of commitment and the amount after considering the amount of debt in a manner that there was no doubt ICAP acceptance and acceptance is mandatory.
T.C.
Supreme
- law office
Base No:2009/3906
Decision No:2009/3858
K. Date:2.6.2009
At the end of the trial of the debtor A for the act of violating the payment obligation, the elements of the crime were not formed, which indicates his acquittal 1. Following the decision of the Executive Court dated 22/09/2008 and numbered 2008/10502002, Article 340 of the Law on Enforcement and Bankruptcy No. 2004 on the same action of the defendant. the files covering the decisions of the same Court dated 09/10/2008 and numbered 2008/841-2121 regarding the punishment of up to 3 months of forced confinement in accordance with the article were examined.
Kastamonu 1, about the debtor accused by notification.In the enforcement proceedings initiated through the file No. 2008/104 of the Executive Directorate, Azdavay 1.Instruction No. 2008/20 the Executive Directorate on payment made through paperwork dated foreclosures 15/02/2008 held during the commitment, despite the complainants failed to comply with this commitment 30/05/2008 dated debt by not paying attorney dated because of the commitment at the end of the trial payment on 05/06/2008 Recep baciroglu complaint is invalid, the elements of the crime of acquittal is thrown on the defendant to restore bet Kastamonu 1. Following the decision of the Executive Criminal Court dated 22/09/2008, numbered 2008/1050-2002, this time, the decision of the same court dated 09/10/2008 and numbered 2008/841-2121 and No. 309 of the Code of Criminal Procedure No. 5271 was not taken in the decision not to punish the defendant in the case filed with a bet because the debtor did not pay the debt dated 10/04/2008 in the same payment commitment.in accordance with Article 17/04/2009 of the General Directorate of Criminal Affairs of the Ministry of Justice and law No. 23864 on the need to disrupt the Supreme Court of Cassation with reference to the request to disrupt the C.06.05.2009 Day and month of the Prosecutor General’s Office.Y.B.having been requested by the communiqué numbered 2009/113214;
DISCUSSED AS NEEDED:
The Borrower A.uk a total of about 18,878.87 TL. kastamonu 1 for the purpose of collection of receivables. In the follow-up conducted through the Enforcement Directorate’s file No. 2008/1041, the order written to foreclose on the borrower’s address was issued by the Azdavay Enforcement Directorate on tal 2008/20. on 15.2.2008, after the registration of the order, the borrower applied to the Azdavay Executive Directorate and committed to pay the debt on certain dates, after the executive director explained the civil and criminal liability of the commitment, the amounts of interest, commission, fees, power of attorney and other expenses that will be charged separately are shown in the record of the total amount of debt 23.TL 075,60 by accepting this amount and start date and indicating the amount to be paid on 10.04.2008 30.03.2009 has committed to payment by almost every month, just stating the amount of the payment on the date which is the latest installment 30.03.2009, “remaining part” of the form shown in the installment payment on the borrower has committed to 10.04.2008 of attorney dated 15.04.2008 money order because it failed to pay the creditor’s petition Kastamonu 1. At the end of the trial, which was conducted by registering a complaint with the Executive Court in the order of merits of the said court 2008/841, the debtor made a decision No. 2008/2121 on 9.10.2008 in accordance with Article 340 of the IIK. according to the article presses up to three months, to be punished with a jail sentence where the decision is made, the decision becomes final debt, depending on the report dated 30.05.2008 has committed the same commitment payment in installments on your pay with money order dated 05.06.2008 due to complaints of attorney of the creditor’s petition Kastamonu 1. At the end of the trial of the Executive Court held on the basis of the number 2008/1050, it is understood that the acquittal of the debtor was decided on the grounds that “… the amount of the last installment was left unclear as the “remaining part” …” by the decision of 2008/2002 on 22.09.2008, and both decisions were finalized without recourse to the law. Although the amount payable on 30.03.2009, the last installment date, is not specified in the commitment minutes and is written as “the remaining part”; When the commitment minutes dated 15.02.2008 are carefully examined, the borrower; principal receivables, collection fees, interest processed, subsequent interest, commission, etc. by showing such expenses separately, he accepts that the total debt is 23,075.60 TL and undertakes to pay this amount, the interest paid and the subsequent interest are separately indicated, it remains that Kastamonu 1. Executive Directorate Executive Directorate of the subject of the complaint of the commitment letter dated 1.2.2008 arranged azdavay written to the amount of the debt 22.869,82 TL shown as given in the minutes of commitment and the amount after considering the amount of debt in a manner that there was no doubt ICAP acceptance and acceptance is mandatory. As such, it cannot be mentioned that the commitment statement is invalid.
Kastamonu 1 Upon a complaint made due to the debtor’s failure to pay in the minutes of commitment issued for the same debt on 30.5.2008. The acquittal decision made by the Executive Court on 22.9.2008 was finalized without recourse to the law. Although it was shown that “… the amount of the last installment was left unclear as the “remaining part” that was not disclosed”…” as a justification for the acquittal decision, as stated in the explanations made above, this justification could not be participated in. However, the acquittal decision has not been made the subject of a request to overturn it for the benefit of the law. In accordance with the rule of adherence to the communiqué, Kastamonu 1, which was decided by our department to punish the borrower with a fine of up to three months of suspended imprisonment. The decision of the Executive Court dated 9.10.2008 and numbered 2008/841-2121 was subjected to review. It is not possible to accept that the previous acquittal, which was finalized without going through the Supreme Court, is binding on this case.
For the reasons described, it was unanimously decided on 02.06.2009 that the Supreme Court of Cassation rejected the request of the Prosecutor General’s Office to overturn it for the benefit of the law, and the file was transferred to the Prosecutor General’s Office of the Supreme Court so that it could be sent to the court.
