The Law on the Amendment of Certain Laws and Statutory Decrees was published in the Official Gazette dated on 28 July 2021, numbered 31551 and entered into force. Article 17 of this Law is about making changes to the 1st paragraph of the temporary Article 5 of the Cheque Law Numbered 5941.

The execution of the sentences of those convicted of crimes committed until the date of 24/03/2020 and, defined in Article 5 of the Cheque Law was suspended in accordance with the Law published on 26/3/2020. With the amendment made, the period within the scope of application of the relevant article has been extended and made applicable for crimes committed until the date of 30/04/2021.

Aforementioned change is as follows;

“The execution of the sentences of those convicted of the crime defined in Article 5 and committed until 30/04/2021 shall be suspended. The convict has to pay one-tenth of the unpaid portion of the cheque value to the creditor until 30/06/2022 as of the date of publication of the Law amending this paragraph. In case of she/he pays the remaining amount in fifteen equal installments with two-months apart as of 30/06/2022, the court will decide to abolish the conviction with all its consequences. In case of one-tenth of the unpaid portion of the cheque is not paid until 30/06/2022, the court will decide to continue the execution of the sentence, upon the creditor’s complaint. In case of convict does not pay one of the installments for the first time in due time, this installment will be added as an installment to the end of the term. In case of one more of the remaining installments is not paid, the court will decide to continue the execution of the sentence upon the complaint of the creditor. The provisions of this paragraph may be applicable in execution stage, provided that the one-tenth of the unpaid portion of the cheque value is paid by 30/06/2022 and the installments mentioned in this paragraph are paid to the creditor within their due dates, for crimes committed until 30/04/2021 and whose trial is still pending.”

According to this change;

•            The execution of the sentences of those who convicted from “crime of bounced cheque”, which has been committed until 30/04/2021, is suspended.

•            If the convict pays one-10%(ten) of the cheque value to the creditor until 30.06.2022 and pays the remaining part in 15(fifteen) equal installments at 2(two) months apart as of 30.06.2022; it will be decided to the abolition of the criminal conviction with all its consequences.

•            In case of the convict does not pay the the one-10%(ten) of remaining unpaid portion of cheque, the continuation of the execution of the sentence will be decided upon the complaint of the creditor.

•            In case of convict does not pay one of the installments for the first time in due time, this mentioned first unpaid installment will be added, as an installment, to the end of the term. In case of one more of the remaining installments are not paid, again, the continuation of the execution of the sentence will be decided by the Court, upon the complaint of the creditor.

•            The provisions of this paragraph have been made applicable also for crimes committed until 30/04/2021 and whose trial is still pending. Accordingly, it may be applicable in execution stage for crimes committed until 30/04/2021 and whose trial is still pending, provided that one-tenth of the unpaid portion of the cheque is paid to the creditor by 30/6/2022 and the installments specified in this paragraph are paid within their due dates.