June 2008

The Constitutional Court approved the Istanbul 10th Enforcement Court’s appeal to strike out clause number 337/1 from the Bankruptcy and Enforcement Law which foresaw the 10 day disciplinary confinement for not declaring ones property.

The constitutional court stated that an act that is supposed to be penalized subject to the 1st sub clause of clause number 337 and the 76th clause is a case where there is a non-declaration of property and according to the principles of state of law and criminal law one cannot be charged and stand trial more than once for the same act. In accordance with this the constitutional court has declared that the 337th clause contradicts the 2nd article of the Constitution which states that “The Republic of Turkey is a democratic, secular and social state governed by the rule of law; bearing in mind the concepts of public peace, national solidarity and justice; respecting human rights; loyal to the nationalism of Atatürk, and based on the fundamental tenets set forth in the Preamble.”

The Supreme Court also deemed suitable for the annulment to take action a year after its publication in the Official Gazette on account that the void the cancellation was going to cause would give rise to an infringement of public interest.

Following the annulment decision, the cases that are litigated with non-declaration of property complaints are either concluded with a decision of acquittal or are postponed until after the judicial recess when a new legal arrangement is to be formed.