Bozdağ: Hapis cezası ertelenmeyecek

bekirDün Gümrük ve Ticaret Bakanı Tüfenkci`nin duyurduğu yeni çek yasasının ayrıntıları belli olmaya başladı. Adalet Bakanı Bekir Bozdağ, çek ve iflas erteleme hakkında yapılacak düzenlemeyi anlattı.Adalet Bakanı Bekir Bozdağ, Çek Kanunu ile İcra ve İflas Kanunu’nda yapılması planlanan değişikliklerin ayrıntılarını anlattı.

Çek ve iflas erteleme konularında yeni düzenlemelerin hayata geçirileceğini ifade eden Bozdağ, düzenlemelerle bu alanlardaki sorunların çözüleceğini belirtti.

Bakan Bozdağ, şunları Söyledi:

“TBMM Başkanlığına sevk edilecek tasarıda çekin karşılıksız çıkması halinde adli para cezası öngörülmekte. Adli para cezasının ödenmemesi halinde de bu ceza hapse dönüşecektir. Ancak verilen adli para cezası çekte karşılıksız kalan miktardan daha az olamayacak. Yani çekin bedeli ne kadarsa adli para cezası da o kadar olacaktır. Çekin ödenmesi halinde bu adli para cezası ortadan kalkmış olacaktır. Ödenmemesi halinde de bu hapse dönüştürülecek. Hapis cezası ertelenmeyecek, ön ödeme kapsamında olmayacak, uzlaştırma kapsamında olmayacak, hükmün açıklanmasının geri bırakılması uygulanmayacak.”


Bakan Bozdağ, iflas ertelemeyi bir yandan şirketlerin kötüye kullandığını, öte yandan da hukukun bu kötüye kullanılmaya açık kapılar bıraktırdığını dile getirerek, şöyle devam etti:

“Biz bunu gördük. Şimdi kanundaki açıklıkları ortadan kaldıran, kötüye kullanılmayı önleyen birtakım tedbirler getiriyoruz. Bu düzenlemeyle iflas erteleme bir yıl olacak. En fazla bir yıl daha uzatılabilecek, eğer iyileştirme emareleri varsa bir yıl daha uzatılabilecek. Ondan sonra uzatma söz konusu olmayacak. Bunun dışında da yasal düzenlemeyle iflas ertelemenin kötüye kullanılan yönlerini tamamını ortadan kaldıran düzenlemeler bu kanunla gelmektedir. İflas erteleme artık başkalarının iflasına yol açan bir müessese olarak kullanılamayacaktır.


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