PRISON SENTENCE PRACTISE IN BAD CHECK IN 7 QUESTIONSadmin
The Law No. 6728, amending the Check Law No. 5941, on Amending Some Laws for the Improvement of the Investment Environment was published in Resmi Gazete dated 09.08.2016 and became effective.
With regard to this amendment, which brings criminal responsibility for check account holders, the main issues that should be known for both the checker and the holder are tried to be explained in the form of question and answer below.
- What are the criminal sanctions to be imposed on the people who caused the check to be unrequited?
Upon the complaint of the holder, without applying the provisions regarding the prepayment, reconciliation and the cancellation of the announcement of the verdict for each check about the person who caused the check to appear “unrequited” in the presentation to the drawee bank;
- Judicial fines up to one thousand five hundred days,
- Ban on checking and opening check accounts,
- For those who have a ban on issuing check and opening a check account, the prohibition of editing check and opening a check account will continue.
In case of judicial fines are not paid, this penalty is converted directly to prison terms.
Those who have been banned from organizing a check and opening a check account cannot take part in the governing bodies of the capital companies during their ban. However, the existing organ memberships of those who have been banned will continue until their term of office.
- Who does the prohibition of checking and opening a check account apply?
The ban on editing check and opening a check account applies to;
- Real or legal person holding check account,
- Those who check in the name of this legal person and
- In case the unrequited check is issued on behalf of a capital company, the company officials registered in the trade registry with the governing body
- Will a criminal fine and prison sentence be applied to checks for which “no charge” is made before 08.2016?
There is no judicial fine for checks submitted to the relevant bank before the Law No. 6728 came into force on 09.08.2016 and that the transaction is “free of charge”, and if this penalty is not paid, there is no direct penalty. Criminal fines and direct conversion to prison terms are valid for checks that have been “unrequited” as of 09.08.2016.
- In which courts will lawsuits be filed against the charge of checking rubber checks?
The lawsuits to be filed due to this crime are presented to the bank for check collection or the location of the bank branch where the check account is opened or at the executive courts located in the settlement of the account owner or the complainant.
- By whom and how will the banks be notified about the decision to prohibit opening a checking account?
Information on the decision to prohibit checking and opening a check account is notified to MERSIS and the Risk Center electronically through the Ministry of Justice’s National Judicial Network Information System (UYAP), after signing with a secure electronic signature. Persons who have been banned from opening a check account are notified to the banks by the Risk Center.
- In which cases will people who have been sued for crime of bad checks get rid of criminal liability?
According to the Law No. 3095, which will be processed as of the date of legal submission, according to the date of issue written on the unrequited check at the trial stage, the court decides to drop the case in case it is fully paid together with the interest to be calculated over the default interest rate in commercial affairs.
After the conviction is finalized, according to the law no. 3095, which will be processed as of the date of the legal submission, according to the date of issue written on the check, if the unpaid check price is fully paid together with the interest to be calculated over the default interest rate in commercial affairs, the court decides to eliminate it with all the results of the provision.
If the complaint is abandoned by the plaintiff, it is decided by the court to drop the case or eliminate it with all the consequences of the judgment, according to the stage at which the waiver was made.
- When can the ban on issuing checks and opening a check account be lifted?
The person, whose conviction was sentenced for this crime, may request the lifting of issuing checks and opening a check account from the court that issued the sentence, three years after the sentence was fully executed and, in any case, ten years after the ban was imposed.