ARTICLE
12 August 2021

New Development Regarding Unpaid Checks

PB
Pekin Bayar Mizrahi

Contributor

Pekin Bayar Mizrahi is a leading top-tier law firm located in Istanbul, Türkiye.

The firm was founded by Mr. Fethi Pekin, who was a former judge, in 1946. Ms. Sefika Pekin and Ms. Selin Bayar subsequently joined the firm. In time, the firm has broadened its areas of expertise and the sectors it advises; thereby becoming a “full-service” firm with a global reach. In 2021, its dispute resolution partner, Mr. Ergin Mizrahi, became a name partner and the firm changed its corporate name as Pekin Bayar Mizrahi.

With its local and international experience of 75 years, Pekin Bayar Mizrahi is now one of the largest law firms in Türkiye in both size and volume, employing around 60 fee earners. The firm also has liaison offices and affiliate counsels in numerous cities in Türkiye. The firm has international practice and its clients include States, large financial institutions, and transnational corporations from various sectors.

On 28 July 2021, law numbered 7333 ("Law") which consists of amendments to certain laws was published in the Official Gazette.
Turkey Litigation, Mediation & Arbitration

On 28 July 2021, law numbered 7333 ("Law") which consists of amendments to certain laws was published in the Official Gazette. The Law includes a significant amendment on Check Law regarding the stay of execution of criminal sentences arising from unpaid checks.

As per the amendment to Temporary Article 5/ Paragraph 1 of the Check Law:

  • The execution of sentences related to unpaid check arising from crimes committed until 30 April 2021 will be stayed,
  • If the convict pays until 30 June 2022 one tenth of the amount remaining unpaid as of the effective date of the Law and the rest in 15 equal installments every 2 months starting from 30 June 2022, all consequences of the conviction will be expunged,
  • If the convict fails to pay one-tenth of the amount remaining unpaid until 30 June 2022, the execution of the criminal sentence will proceed upon the creditor's complaint, and
  • If the convict fails to pay one of the installments, it will be added to the end of the time period explained above. If the convict fails to pay one more installment, the execution of the criminal sentence will proceed upon the creditor's complaint.

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