19.CRIMINAL DEPARTMENT 2015/8950 E. , 2015/7785 K.
“text of jurisprudence”
Communiqué No: PUK – 2015/201009
He is the defendant on the charge of non-paying the alimony debt.. E.. as a result of the trial conducted in Kayseri 2. The decision of the Executive Criminal Court dated 27/11/2014 and numbered 2014/878 on the basis of 2014/896 on the acceptance of the appeal filed by the complainant’s attorney against the defendant’s Execution and Bankruptcy Law No. 344 of 2004. in accordance with Article 3 of Kayseri regarding the punishment of up to 3 months of suspended imprisonment. The case file containing the request of the Ministry of Justice to overturn the decision of the Executive Criminal Court dated 04/12/2014 and numbered 2014/90 for the benefit of the law numbered 28/05/2015 days and 34922 dated 05/06/2015 day and PUK of the Supreme Court of Public Prosecutor’s Office.it was read by giving it to the apartment with the notice numbered 2015-201009.
In the above-mentioned notice;
Kayseri 3. Paying October, the date of the complaint was determined to be 04/11/2014, before the decision on the conviction of the defendant was finalized, the debt of the child support for the period subject to the complaint was fulfilled by the defendant on 31/10/2014, as such, 354/1 of the Enforcement and Bankruptcy Code of 2004 states that “If the client of those whose pursuit of the crimes written in this part of the law depends on the complaint is waived or the redemption of the debt is fixed, the case and all its consequences will be reduced together with the penalty”. in accordance with Article 309 of the Criminal Procedure Code No. 5271, on the grounds that while a decision should be made to reduce the sentence against the accused, there was no hit in making a decision in writing.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;
Supreme Court 16. The Law Department has the date of 07/12/2011 and the date of 2011/3339-8585 E.As stated in decision K, Article 354 of the Enforcement and Bankruptcy Code of 2004. in accordance with the article, in order to decide whether the case and all its consequences, as well as the penalty should be reduced due to the redemption(payment) of the debt, the debt should be fully paid together with the execution costs and interest paid on the transaction; since it was understood that the defendant could not be decided to drop his child support debt related to the period subject to the complaint through the bank on 31/10/2014, but did not pay interest on follow-up expenses, the REJECTION of the request of the Supreme Court of Public Prosecutor’s Office, which was not seen on the spot, to overturn it for the benefit of the law, was unanimously decided on 25/11/2015. pay the child support debt due to the complaint period on 31/1/2014.
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