Pressure confinement is a type of sanction applied for the debtor to do it or perform the act when an act that should be performed has not been performed. By applying this sanction, the debtor will be put in prison and the payment of the debt will be ensured. Pressure confinement is not a sanction imposed due to money debt, but a legal institution applied as a result of people violating or failing to fulfill certain obligations imposed by Law, and applied for the purpose of fulfilling an obligation that someone has neglected due to non-fulfillment of an obligation, not because of a money debt. Water cannon confinement; it is stipulated in some Laws. These are the Enforcement and Bankruptcy Law and the Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women. We can list the situations in which water cannon imprisonment will be applied as follows:
In accordance with Article 338/2 of the Execution and Bankruptcy Code, a debtor who has been issued an incapacitated passport for maintaining a livelihood above the minimum wage;
According to the Enforcement and Bankruptcy Code, a person who makes the requested statements in a manner contrary to the truth is punished with a prison sentence of three months to one year upon the creditor’s complaint. If the debtor who has been issued an incapacitated passport about him maintains a livelihood above the minimum wage, the payee of the incapacitated passport holder is fixed on his application no later than five years from the attachment of the receivable to the incapacitated passport, he is obliged to deposit at the enforcement office a portion of his income above the minimum wage that the enforcement court will determine, at least one quarter, within one month from the finalization of the executive court decision and every month until the payment of the debt in the incapacitated passport. Failure to fulfill this obligation will result in a detention order of up to one year for the debtor. Paying paid the entire debt or the amount that the debtor has to deposit to the execution teller by that date after the execution of the imprisonment has started, the debtor is released; if he interrupts his payments again, he is ordered to be placed in prison again. However, it is stated that the duration of detention for failure to pay a debt cannot exceed one year.
The actual violation of the obligation pursuant to Article 340 of the Execution and Bankruptcy Code, which is organized under the title of Violating the Pay Condition of the Debtor;
Paying pay in installments or with the consent of the creditor, the debtor who violates the condition of paying the debt agreed in the enforcement office for no acceptable reason, upon the creditor’s complaint, is ordered to be imprisoned for up to three months. Paying paid the entire debt or the amount that the debtor has to deposit to the execution teller by that date after the execution of the imprisonment has started, the debtor is released; if he interrupts his payments again, he is ordered to be placed in prison again. However, it is stated that the duration of detention for debt enforcement cannot exceed three months.
Opposition to the provisions of the Execution and Bankruptcy Law article 343 on the execution, non-execution or establishment or cancellation of an easement right to be performed only by himself;
It is said that debtors who oppose the provisions of the decree on the execution or non-execution of a work to be performed only by themselves, or on the establishment or cancellation of an easement right, without relying on a valid excuse, are ordered to be imprisoned for up to three months upon the complaint of someone in whose favor the judgment has been issued.
Failure to pay child support debt according to article 344 of the Execution and Bankruptcy Code;
It has been arranged in the form that the debtor who does not fulfill the requirements of the decisions related to alimony is ordered to be imprisoned by water cannon for up to three months upon the complaint of the creditor. According to Article 354 of the Enforcement and Bankruptcy Law, the execution of detention orders issued by the enforcement court is subject to a statute of limitations of 2 years from the date of the order’s finalization.
It becomes effective in cases such as violations of protective orders under the Law on the Protection of the Family and the Prevention of Violence Against Women;
Herein, in Law No. 6284, for inflicting violence, a person is subject to a penalty of 5.if a person who has been given a preventive measure decision in accordance with this article acts contrary to this decision, even if it constitutes an actual crime, he will be subjected to forced (water cannon) imprisonment by a judge’s decision according to the nature of the measure violated and the severity of the violation. 13 Of the Law. according to the article, if a violent person against whom an injunction has been issued acts contrary to the requirements of this decision, even if it constitutes an actual crime, he is subjected to forced imprisonment from three days to ten days by a judge’s decision, depending on the nature of the violated injunction and the severity of the violation. For each repetition of the violation of the requirements of the injunction, the duration of the compulsory imprisonment is from fifteen days to thirty days, depending on the nature of the violated injunction and the severity of the violation. Decisions regarding forced imprisonment are carried out by the chief public prosecutor’s office. It is stated that these decisions are notified to the relevant provincial and district directorates of the Ministry.