“Any person who uses an unpaid bill will be sentenced to imprisonment from six months to two years and a judicial fine, upon complaint.”
Crime of using free promissory note; It occurs when the promissory note, the price of which has been fully or partially paid by the promissory debtor, is unlawfully “used” by the creditor without taking into account the fact of payment. The duty of judging the crime of using free promissory notes is carried out by the criminal court of first instance.
Elements and Punishment of the Crime of Using Free Promissory Notes (TCK 156)
The concept of free promissory note; It means that the amount in the promissory note cannot be claimed from the debtor due to the partial or complete payment of the promissory note by the debtor or for any reason that prevails in lieu of payment. If the note remains free of charge, it means that the obligation to pay the debt partially or completely is eliminated.
As a rule, the creditor must return the paid bill to the debtor. Even if the creditor does not return the paid promissory note, if he does not use the promissory note, the crime of using the free promissory note will not occur. The material element of the crime is completed with the execution of the act of “use”.
Some actions that are considered crimes of using free stock are as follows:
Filing a lawsuit or placing an enforcement proceeding for the collection of the promissory note,
Transferring the promissory note to someone else by endorsement,
Giving the bill to the bank to protest or for another purpose,
Using the note for exchange or offset purposes.
Proof of the Crime of Using Free Promissory Note: A special proof procedure has been prescribed to prove the crime. Accordingly, the person who claims that a free bill was used must prove this with written evidence. Witness evidence is not sufficient for proof.
. Personal Impunity for the Crime of Using Free Promissory Notes (TCK 167)
According to TCK Article 167/1, the crime of using free promissory notes;
One of the spouses for whom a separation decision has not been made,
Ancestor or descendant, or one of such relatives in-laws, or an adoptive or adopted child,
One of the siblings living together in the same house,
If it is committed to a detriment, no penalty will be imposed on the relevant relative.
If the crime of using free bonds is committed against the following relatives, a 1/2 penalty reduction is applied:
If it is committed to the detriment of one of the spouses for whom a separation decision has been made, one of the siblings who do not live together in the same residence, one of the uncles, aunts, nieces or second-degree relatives-in-law who live together in the same residence; Upon complaint about the relevant relative, the penalty to be imposed is reduced by half.
It is possible to make a decision to postpone the announcement of the sentence (hagb) regarding the prison sentence imposed for the crime of using a free bond.
It is possible to decide to postpone the prison sentence imposed for the crime of using a free bond.
The crime of using free promissory notes is among the crimes subject to complaint. The complaint period is 6 months from the date the victim learned that the bill was used by the perpetrator. Withdrawing the complaint will result in the dismissal of the public case.
The crime of using free promissory notes is among the crimes subject to reconciliation.
In trials conducted for the crime of using free bonds, the ordinary statute of limitations is 8 years.
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