Are Heirs Responsible for Judicial and Administrative Fines?
After the death of a relative, you inherit many responsibilities and rights as an heir. These rights and responsibilities include the assets, debts and, in some cases, penalties of the deceased. In this article, we will examine how responsible the heirs are for judicial and administrative fines.
Principle of Individuality of Punishments
The principle of individuality of punishments is a fundamental principle in Turkish Law. This principle states that the punishment can only be applied to the person who committed the crime and cannot be transferred to the heirs. Therefore, if the testator is sentenced to a judicial fine for a crime committed, this penalty does not pass on to the heirs.
Judicial Fines
Judicial fines are penalties imposed by the court for a crime. As stated above, these penalties are personal and are not transferred to heirs. However, there are some exceptional cases. For example:
• If there is an unpaid judicial fine by the testator, this penalty can be collected from the testator’s estate.
• If the assets obtained by committing the crime have been transferred to the heirs, these assets can be used to cover the judicial fine.
Administrative Fines
Administrative fines are penalties imposed in case of violation of an administrative rule. These penalties are also personal and cannot be transferred to heirs. According to Article 32 of the Misdemeanor Law No. 5326, “In the event of the death of the person who committed a misdemeanor due to a misdemeanor, if a fine is imposed on him, this fine will not be collected.”
