“Justice Text”
Regarding the dismissal of the case against the accused Nurcan Morgil for the crime of violating the debtor’s payment terms, pursuant to Article 349 of the Execution and Bankruptcy Law No. 2004, on the grounds that the complainant or his attorney did not attend the hearing without giving an excuse. Regarding the rejection of the objection made against the decision numbered 2020/116 … Against the decision of the 18th Enforcement Criminal Court dated 17/07/2020 and with the different job number 2020/31 … of the Ministry on 08/12/2020 and 94660652-105-34-17449- The case file in the appendix of the letter containing the request for annulment for the benefit of the law numbered 2020-Kyb was read by being sent to our Department with the notification of the Chief Public Prosecutor of the Supreme Court dated 18/01/2021 and numbered KYB- 2021/2686.
In the aforementioned notice;
According to the scope of the file, although … With the decision of the 17th Enforcement Criminal Court dated 10/03/2020, although the complainant’s attorney was aware of the hearing date and time, it was decided to drop the case on the grounds that he did not attend the hearing without giving an excuse; As it can be understood from the hearing report dated 10/03/2020, he received from the Lawyer Portal stating that the said hearing was opened at 12:50, and that the attorney of the complainant submitted a petition to the Court at 12:48 by issuing an excuse petition attached to the petition filed against the aforementioned decision. It was discussed and considered that it is necessary to request that the aforementioned decision be reversed for the benefit of the law, pursuant to Article 309 of the Criminal Procedure Code no.
Since the content of the notice based on the request of the Chief Public Prosecutor’s Office of the Supreme Court of Appeals for reversing the law is seen on the spot, the decision of the 18th Enforcement Criminal Court, dated 17/07/2020 and with the amended job number 2020/31, in accordance with Article 309/4-c of the CMK, not to adversely affect and to avoid a retrial. It was unanimously decided on 23/02/2021 to DESTROY.
