Execution and Bankruptcy Crime – Breach of Undertaking
For a debtor to be punished for the crime of breach of undertaking, there must be an ongoing execution proceeding against them, and a debt payment agreement must have been made between the debtor and the creditor before the enforcement office, and the debtor must have failed to fulfill the undertaking stated in this agreement.
If this payment agreement is structured as an installment payment under Article 111 of the Enforcement and Bankruptcy Law, the payment dates and the amount to be paid must be clearly specified in the agreement. Otherwise, this situation may prevent the commission of the crime of breach of undertaking. Furthermore, whether or not the undertaking was made at the Enforcement Directorate is also important for the crime. In other words, failure to comply with undertakings made outside the enforcement office will not constitute this crime.
Furthermore, the prosecution of the crime of breach of undertaking is subject to complaint, which must be filed within three months of the date the crime is learned and in any case within one year.
The competent court for this crime is the Enforcement Criminal Court. The authorized court is the enforcement court to which the enforcement office where the execution proceeding was conducted is affiliated.