paying paid paid alimony for every current monthly Decimation period will begin, for the existence of a crime of non-compliance with the alimony provision, there must be at least a monthly current alimony debt processed between the notification of the executive order and the date of complaint, there is a monthly payment period in the amount of the installment amount that each alimony will receive, as well as the notification date of the executive order should be based on the determination of the start date of the period, …”
19.Criminal Department 2016/15184 E. , 2017/2239 K.
“text of jurisprudence”
Istanbul Anadolu 7 on the acquittal of the defendant … for non-compliance with the alimony obligation. Istanbul Anadolu regarding the rejection of the appeal against the decision of the Executive Criminal Court dated 26/01/2016 and numbered 2015/5301, 2016/33 Istanbul Anadolu 8. The case file attached to the letter containing the request of the Executive Criminal Court to overturn the decision dated October 16, 2016 and numbered 2016/38 of the Ministry of Justice on 07/11/2016 and the request of the Ministry of Justice to overturn the law on 10729 dated 03/16/2016 for the benefit of the Public Prosecutor’s Office of the Supreme Court on 23/11/2016 days and the PUK.the notice numbered 2016-390092 and the October case file were sent to our office and read.
In the above-mentioned notice;
Although the named defendant has been mentioned before in Istanbul Anadolu 10. 08/09/2015 the enforcement of the Criminal Court, dated 2015/266 based on the same execution file is within the scope of 2015/325 by the decision of the child support obligation fail to comply with presses charges for the previous month, with the justification that was given a jail sentence to prison again, given the pressure, they are not since the bet was acquitted by the defendants regarding the aforementioned decision of the alimony paid and the penalty was given additional decision dated 10/03/2016 bet in the degradation of the decision, as all of the current monthly period to the start of the new complaints for unpaid child support, failure to comply with the provision of executive pay alimony for the existence of the crime committed between the date of the notification of the complaint, the order of child support the presence of at least one of the required current monthly debt each child will receive support in the amount of the monthly payment installments as you found it in determining the duration of the period start date, the executive order should be taken as the basis of the date of notification of concrete events in the order upon notification of the defendant counsel on executive pay 30/12/2014 reason for that month for each month of the installment debt 30. paying paid September August September October 2015 by the complainant, it is understood that a complaint was filed on 02/11/2015, as of the date of the complaint petition, the child support debt for August and September 2015 has become exempt, and there is no previous penalty for compensation imprisonment for these months, the current child support debt it should be decided that the defendant who does not pay should be imprisoned without regard to, 309 of the Code of Criminal Procedure No. 5271, in which the decision to reject the appeal in writing instead of accepting it was not hit. 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 Chief Public Prosecutor’s Office of the Supreme Court of Cassation to overturn it for the benefit of the law are seen on the spot, Istanbul Anadolu 8. Article 309/4-c of the CMK of the decision of the Executive Criminal Court dated 16/03/2016 and amended on business 2016/38 of the CMK. in accordance with the article, it was decided unanimously on 15/03/2017 that it would be OVERTURNED so as not to have an effect against it.
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