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Execution And Bankruptcy Crime 6

Petition Of Appeal Against Forced Detention

Execution and Bankruptcy Crime – Re-entering Real Estate and Vessels Officially Delivered

 

The crime of re-entering real estate and vessels officially delivered, where a debtor re-enters a property or vessel delivered to the creditor or buyer through the enforcement office without a justifiable reason, is punishable by a provision in the Turkish Penal Code. Accordingly, a debtor committing this crime is punished under Article 290 of the Turkish Penal Code, which concerns “Seizure and Damage to Officially Delivered Property.”

 

For the crime of re-entering real estate and vessels officially delivered to occur, the enforcement office must have notified the debtor of the delivery receipt, and the debtor must have nevertheless entered the property or vessel delivered to the creditor or buyer.

 

The prosecution of this crime, like the crimes mentioned earlier, is subject to complaint. The creditor requests the Public Prosecutor’s Office to punish the debtor through a petition. If the Public Prosecutor’s Office deems the evidence of the crime sufficient, it initiates a public prosecution in the competent court, the Enforcement Criminal Court. The competent court for this crime is the court to which the enforcement office that initiated the proceedings is affiliated.

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