19.CRIMINAL DEPARTMENT 2015/17807 E. , 2015/9225 K.
“text of jurisprudence”
Communiqué No: PUK – 2015/306126
He was accused of non-compliance with the alimony provisions.. K.. 347 of the Enforcement and Bankruptcy Code of 2004 of the complaint against you. according to Article 11 of the Ankara Convention on the reduction of the right of complaint on the grounds that it has not been used within 3 months. Ankara 12 on the rejection of the appeal against the decision of the Executive Criminal Court dated 02/12/2014 and based on 2014/164, decision 2014/151 Ankara 12. The case file attached to the letter containing the request of the Ministry of Justice to overturn the decision of the Executive Criminal Court dated 08/12/2014 and numbered 2014/108 for the benefit of law numbered 28/08/2015 days and 56634 of October 29/09/2015 days and PUK of the Supreme Court of Public Prosecutor’s Office. 2015-306126 notice was given to the apartment with the reading.
In the above-mentioned notice;
Ankara 11. 347 of the Law on Enforcement and Bankruptcy, according to which the offense of non-paying the alimony debt was established on 26/11/2013 by the Executive Criminal Court after the notification of the executive order. in accordance with article 3 of the Law No. 347 of the Law No. 2004, although it was decided to reduce the right to complain on the grounds that the right to complain is 3 months from the date of learning the act and that the non-payment of the child support debt may be paid immediately. article 15 of the Ankara Law on the collection of alimony receivables, in which it is regulated that the right of complaint will be reduced by 3 months from the date of learning of the act and in any case by 1 year from the date of the act, Ankara law on the collection of alimony receivables. No. 2012/6528 Executive Executive Directorate of the file, the subject of the complaint 2014 March, April and may month child support for any action of debt by a creditor after the current date in the file when execution has been done, regarding whether he had paid the debt in the absence of any information as to scope and document the file accordingly, learning the history of the adoption as of the date 19/06/2014 the court made a complaint to the enforcement of the law, Article 347. 309 of the Criminal Procedure Code No. 5271 on the grounds that the 3-month and 1-year periods provided for in accordance with the article have not yet expired as of the date of the complaint, and there has been no hit in deciding to reject the appeal in writing instead of accepting it. it was discussed and considered necessary to request that the decision referred to in accordance with the article be overturned in the interests of the law;
Since the contents of the notice based on the request of the Prosecutor General’s Office of the Supreme Court of Cassation to overturn it for the benefit of the law are seen on the spot, Ankara 12. Article 309/4 of the CMK of the decision of the Executive Criminal Court dated 08/12/2014 and amended on 2014/108. it was unanimously decided on 24/12/2015 that it would be OVERTURNED in accordance with the article and that the subsequent actions would be carried out by the local court.
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