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Conditions for the Crime of Non-Compliance with Alimony Provision

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12th Civil Chamber 2020/64 E., 2020/770 K.

In order for the crime of non-compliance with the alimony provision, which is regulated in Article 344 of the Execution and Bankruptcy Law No. 2004, amended by Law No. 5358, and which is subject to complaint, to occur;

  • the payment of alimony is based on a final court decision,
  • Enforcement proceedings have been initiated for the collection of monthly alimony and the enforcement order has been served on the debtor-defendant,
  • the debtor does not comply with the payment conditions written in the judgment,
  • If a monthly alimony is awarded, there must be at least one month of current alimony debt between the notification of the enforcement order and the date of the complaint,
  • There is no lawsuit filed by the debtor-defendant regarding the removal or reduction of alimony,
  • If a lawsuit has been filed, it has been concluded,
  • In the face of the fact that the right to complain must be used within 3 months from the time the crime was learned and in any case within 1 year from the time it was committed, in the concrete case… 2. It was understood that a complaint was made with the follow-up file numbered 2015/9384 of the Enforcement Office due to the non-payment of alimony debts for the dates of 15 January 2015-15 February 2015-15 March 2015, the complainant’s attorney used his right to complain on 31/03/2016 after 3 months from the time the crime was learned and in any case after 1 year from the time it was committed, instead of striking out, a written verdict of conviction was given on the grounds that it was not found appropriate, and a request was made to overturn the aforementioned decision in the interest of the law in accordance with Article 309 of the Criminal Procedure Law numbered 5271; Since the content of the notification based on the request for reversal in the interest of law of the Office of the Chief Public Prosecutor of the Supreme Court of Appeals is deemed appropriate, … the decision of the 10th Enforcement Criminal Court dated 20/09/2016, numbered 2016/358 and 2016/371, is REVERSED in accordance with Article 309/4-d of the CMK, and the preventive detention imposed on the defendant due to the act of not complying with the provisions of alimony is lifted; it was unanimously decided on 04/02/2020.

source: https://karararama.yargitay.gov.tr/