{"id":7821,"date":"2022-02-09T09:00:00","date_gmt":"2022-02-09T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=7821"},"modified":"2022-02-10T20:06:15","modified_gmt":"2022-02-10T17:06:15","slug":"borcunu-odemeyen-kisilere-hapis-cezasi","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/borcunu-odemeyen-kisilere-hapis-cezasi\/","title":{"rendered":"Is there a prison sentence for people who don't pay their debts?"},"content":{"rendered":"
\"Borcunu
Is there a prison sentence for people who don't pay their debts?<\/figcaption><\/figure>\n\n\n\n

Is There Imprisonment for Individuals Who Fail to Pay Their Debts? \u2013 Lawyer in Izmir<\/strong><\/p>\n\n\n\n

One of the most frequently asked questions by debtors is whether an arrest warrant will be issued against them due to their debts. Furthermore, debtors are concerned about whether they will face any sanctions for failing to pay their debts. First, let's state that no arrest or imprisonment warrant can be issued against you for any debt. According to Article 38 of our Constitution, no one's freedom can be restricted due to a contract. Different reasons are required for an arrest warrant to be issued. These reasons are specified in the Enforcement and Bankruptcy Law. A creditor who cannot collect a debt from a debtor has the right to collect the debt by force. In the Enforcement and Bankruptcy Law<\/a> In order to make this enforceable execution effective, the law also imposes certain obligations on the debtor. If the debtor fails to fulfill their obligations in the manner and scope prescribed by law, certain sanctions are imposed. These are called enforcement and bankruptcy offenses. Let's examine this through the relevant legal article:<\/p>\n\n\n\n

What are execution crimes?<\/h2>\n\n\n\n
  1. Reducing one's assets with the intent to harm a creditor (Article 331)<\/li>
  2. Causing one's own incapacitation or knowingly aggravating one's condition through one's own actions (Article 332)<\/li>
  3. In commercial companies, those with management authority intentionally causing harm to creditors by failing to pay the company's debts (Article 333\/a).<\/li>
  4. The removal of property over which the lessor has a lien, and allowing another person to occupy the place that needs to be vacated (Article 335)<\/li>
  5. Failure to declare assets (Article 337\/1)<\/li>
  6. Acting contrary to the provisions regarding abandoning trade (Article 337\/a)<\/li>
  7. Making false statements (Article 338)<\/li>
  8. Failure to report increases in assets and income after filing an asset declaration (Article 339)<\/li>
  9. Breach of commitment (Article 340)<\/li>
  10. Avoiding the delivery of a child (Article 341)<\/li>
  11. Re-entering the property and ship that have been legally surrendered (Article 342)<\/li>
  12. Opposition to the enforcement of judgments (Article 343)<\/li>
  13. Failure to pay alimony (Article 344)<\/li>
  14. Not requesting the bankruptcy of the capital company if necessary (345\/a)<\/li>
  15. Withdrawal from raising in order to gain benefit (345\/b)<\/li><\/ol>\n\n\n\n

    Article 338\/2: If a debtor, against whom a certificate of insolvency has been issued, fails to pay the debt related to the certificate of insolvency to the enforcement office within one month of the court determining that he\/she is living above the minimum wage, he\/she shall be sentenced to coercive imprisonment for up to one year.<\/p>\n\n\n\n

    According to Article 340, a debtor who, without a valid reason, fails to fulfill the debt payment condition agreed upon in the enforcement office pursuant to Article 33 or with the creditor's consent, shall be sentenced to coercive imprisonment for up to three months.<\/p>\n\n\n\n

    To illustrate these with practical examples:<\/p>\n\n\n\n