… TO THE COURT
OBJECTING
(DEBT) :
ATTORNEY:
OPPONENT
(CREDITOR) :
SUBJECT : Concerning the Punishment of the Debtor for Violation of Commitment … It is Our Objection to the Decision of the Enforcement Criminal Court numbered …/ … E. …/ … K.
DESCRIPTIONS :
1-) Regarding the debtor of our client, … With the follow-up file of the Execution Office numbered …/ … E., enforcement proceedings were initiated on …/ …/ … and the proceedings …/ …/ … became final.
2-) After the follow-up is finalized, our client, the debtor, has committed to pay the debt within a certain time, in the presence of the bailiff and with the consent of the creditor, during the foreclosure on …/ …/ ….
3-) In the lawsuit filed to punish the debtor who violated Article 340 of the Execution and Bankruptcy Law No. 2004, … Enforcement Criminal Court, in its decision numbered …/ … E. …/ … K., our client gave the debtor’s decision on …/ …/ … He was punished for failing to fulfill his commitment.
4-) In the decision of the Supreme Court of Appeals General Assembly, dated 09.10.2001 and numbered 2001-16-181 E. 2001/200 K.;
In order for the crime of breach of commitment to occur, the total amount to be paid by the debtor must be clearly shown in figures and the parties must offer and accept over this amount. Although the amount of the debt is specified in the follow-up request, this is not sufficient and the interest, attorney’s fees, enforcement fees and expenses that have worked and will be processed at the time of the commitment must be determined, and thus the amount that is the basis of the debtor’s commitment must be determined. When this amount is not determined, since it cannot be determined without doubt, for which amount the debtor has made a commitment and which amount is taken into consideration, penal liability will not arise in case of violation of the payment condition. Otherwise, a verdict of acquittal should be established.”
ruled as.
5-) The payment commitment given by our client, the debtor, does not contain the validity elements of the Supreme Court Penal General Assembly above. Due to the non-fulfillment of the legally invalid commitment, our client has become obligated to appeal against the decision of the Execution Criminal Court numbered …/ … E. …/ … K., which decided to convict the debtor of our client.
LEGAL REASONS: 2004 N. K. m. 340, 353 and related legislation.
LEGAL EVIDENCE: Enforcement follow-up file and other evidence.
CONCLUSION AND CLAIM: With the acceptance of our objections against the decision of the Execution Criminal Court numbered …/ … E. …/ … K., which ruled the conviction of our client debtor due to the reasons explained above, due to the breach of commitment, our client was acquitted of the debtor, litigation expenses and attorney’s fees were charged to the other party, We respectfully request that the decision be made on behalf of our client. …/…/…
Appellant's Attorney
Hunting