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ARTICLE · 14 OCTOBER 2008

Prison Sentences For Monetary Debts In Turkey

ADMD/Mavioglu & Alkan Law Office
ADMD/Mavioglu & Alkan Law Office
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ADMD/Mavioglu & Alkan Law Office

ADMD/Mavioglu & Alkan Law Office

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According to Article 38 of the Turkish Constitution (TC) “No one shall be punished for any act, which does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed.”

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Asli Caglar
Asli Caglar
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According to Article 38 of the Turkish Constitution (TC) "No one shall be punished for any act, which does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed." In addition, a new clause has been added to 38th Article with the amendment No.4709 dated October 3, 2001. As per this clause "No one shall be deprived of his liberty merely on the ground of inability to fulfill a contractual obligation."

Although such constitutional rules provide a general principle there are relevant exceptions where monetary debts may become a source of prison sentence against the debtor that shall be taken into account. The statement "inability to fulfill a contractual obligation" refers to incapability to execute the obligation in goodwill. If the debtor does not perform his/her obligation intentionally, s/he receives a punishment

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