Penalty for Violation of Commitment and Coercive Imprisonment...

Although it is said among the public “Imprisonment for debt is abolished”, this is not entirely true. There is no imprisonment for debt, but there is a penalty for “Promising (Committing) and not doing”. This is called Coercive Imprisonment (Tazyik Hapsi).

1. How is a Valid Commitment Made?

Not every “I will pay” word is a commitment. The minutes signed in the presence of the execution officer or during seizure must list the following one by one:

1. Principal: X TL
2. Interest: X TL (Until this date)
3. Attorney Fee and Expenses: X TL
4. Total Debt: X TL
5. Payment Dates: Installments and exact dates. If even one of these items is missing or if the calculation is incorrect, the commitment is INVALID and no penalty is given (Acquittal).

2. Penalty (3 Months Imprisonment)

If the debtor does not make the payment on the committed date, if the creditor complains to the Execution Criminal Court within 3 months, the debtor is given up to 3 months of coercive imprisonment.

• This imprisonment is not recorded in the criminal record.
• As soon as the debt is paid, the imprisonment sentence drops, the debtor is released.

3. It is Disciplinary Imprisonment

This is not a crime penalty in the sense of the TPC, it is disciplinary imprisonment given to force (coerce) the person to pay. It is not postponed and cannot be converted into a fine. However, due to the strict formal conditions of the Court of Cassation, 90% of commitments are considered invalid.

Frequently Asked Questions

Q: Does interest stop if I give a commitment? A: No. Unless you say “I waive the interest strictly accruing on the remaining debt” in the commitment, interest continues to accrue.

Legal Support: To get an acquittal in violation of commitment lawsuits, errors in the commitment minutes must be detected. You can contact us for expert support.

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