SUBJECT : E of the Executive Criminal Court … Regarding the Punishment of the Debtor for Violation of the Obligation. …/ … K. It consists in our Appeal to the Numbered Decision.
1-) About the debtor of our client, … the Executive Office …/ … E. with the tracking file numbered … / … / … enforcement proceedings have been initiated on the date and tracking … / … / … has been finalized.
2-) After the completion of the follow-up, our client, the debtor, has committed to pay the debt for a certain period of time in the presence of the bailiff and with the consent of the creditor during the foreclosure carried out on the date of / … / …/.
3-) Article 340 of the Enforcement and Bankruptcy Code of 2004. in the case filed for the punishment of the debtor who has violated the article, the Executive Criminal Court, … / … E. …/ … K. in its numbered decision, it was decided that our client should be punished for the fact that the debtor could not fulfill the commitment he had made on the date of / …//.
4-) General Assembly of the Supreme Court Caza, dated 09.10.2001 and dated 2001-16-181 E. 2001/200 K. in his decision no;
“….it is obligatory that the total amount payable by the debtor in the obligation to pay for the occurrence of the offense of violation of the obligation is clearly indicated in numerical form, and the parties must agree and agree on this amount. Although the amount of debt is specified in the follow-up request, this is not enough, and during the commitment, the interest, power of attorney fees, executive fees and expenses that will be processed and processed should be determined, and thus the amount based on the borrower’s commitment should be determined. If this amount is not determined, criminal liability will not arise in case of violation of the payment condition, since the acceptance of this obligation, for which amount the borrower has made a commitment, cannot be determined without giving doubt what amount was made by taking into account the evil eye, in case of violation of the payment condition. he must leave, otherwise a verdict of acquittal must be established for his intentional absence.”
he has given judgment in the form of.
5-) The payment commitment made by our client’s debtor does not contain the elements of validity specified above by the Criminal General Assembly of the Supreme Court of Cassation. Due to the fact that the obligation that is not legally valid has not been fulfilled, our client requested that the Executive Criminal Court, which decided on the conviction of the debtor, / e. …/ … K. there has been an obligation to appeal against the numbered decision.
LEGAL REASONS : 2004 P. K. m. 340, 353 and related legislation.
LEGAL EVIDENCE: Enforcement follow-up file and other evidence.
CONCLUSION AND REQUEST: For the reasons described above, our client is responsible for the conviction of the debtor due to breach of commitment of the Executive Criminal Court …/ … E. …/ … K. we respectfully request on behalf of our client that the acquittal of the debtor, the costs of the trial and the attorney’s fee be imposed on the other party with the acceptance of our objections against the numbered decision be made on behalf of our client. …/…/…
The Objector’s Attorney