The Law No. 7333 on Amending Certain Laws and Decrees with the Force of Law (“Law”) entered into force after being published in the Official Gazette dated 28.07.2021 and numbered 31551. With the Bag Law No. 7333, which also includes amendments to the Check Law, many articles of the law have been amended. This amendment concerns the convicts and creditors who commit the crime of drawing bad checks. According to this amendment made in the first paragraph of Article 17 of the Law No. 7333 and the provisional Article 5 of the Check Law No. 5941;
- Until 30.04.2021, the execution of the sentences of the defendants who are convicted for committing the crime defined in the 5th article of the Check Law No. 5941 will be stopped.
Therefore, the execution of the sentences of the defendants who are convicted for the crime of “Giving a Reason for Not Making a Borrowed Check”, which was committed until 30.04.2021, will be stopped.
- The convict has to pay one tenth of the unpaid part of the check as of 28.07.2021 to the creditor by 30.06.2022. If the convict pays the remaining amount in fifteen equal installments at two-month intervals as of 30.06.2022, the court will decide to abolish the criminal conviction with all its consequences.
Therefore, the prisoner is given time to pay the dishonored portion of the check.
- If one-tenth of the unpaid portion of the check is not paid until 30.06.2022, the Court will decide to continue the execution of the judgment upon the creditor’s complaint.
If the convict does not pay the installment, is there a sanction?
- If the convict does not pay one of the installments for the first time in due time, this unpaid installment will be added to the end of the term as an installment. If the convict does not pay one more of the remaining installments, the court will decide to continue the execution of the sentence upon the complaint of the creditor. this alteration can be applied to crimes committed until 30.04.2021 and whose trials are still underway during execution provided one tenth of unpaid check amount is paid to claimant until 30.06.2022 and all installments are paid on determined periods
Therefore, if the convict does not make the payment as specified in the article, the continuation of the execution will be decided.
If the creditor does not complain, can the court decide to continue the execution spontaneously?
Since the decision to continue the execution is clearly dependent on the “complaint of the creditor” in the relevant regulation, the court will not automatically decide on the continuation of the execution.