Execution and Bankruptcy Offense – Re-Entering the Immovable Property And the Ship That has been Delivered by the Judgment
The penalty of the debtor who re-enters a movable or a ship delivered to the creditor or the buyer through the enforcement office for the crime of re-entering the immovable property and the ship delivered by the judgment has been determined by reference to the Turkish Criminal Code without a justifiable reason. Accordingly, the debtor who commits this crime is punished with the provision of “Confiscation and Deterioration of Officially Surrendered Property” contained in Article 290 of the TCC.
In terms of the fact that the crime of re-entering the immovable property and the ship delivered by the verdict may occur, the enforcement directorate has notified the debtor of the delivery minutes, the debtor must have entered the immovable property or ship delivered to the creditor or buyer in spite of this.
The follow-up of this crime also depends on the complaint, like the crimes we mentioned earlier. The creditor asks the Public Prosecutor’s Office to punish the debtor with a petition. If the prosecutor’s office deems the evidence sufficient that a crime has been committed, it opens a public case in the Executive Criminal Court, which is the court in charge. The competent court in terms of this crime is the court to which the enforcement directorate to which the prosecution is carried out is affiliated.
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