Dud

A check is a negotiable instrument issued in accordance with the provisions of the Turkish Commercial Code, addressed to a bank, and used as a means of payment. A check has three parties: the drawer (the person who issues the check), the drawee (the bank branch that will pay the check), and the holder (the person who holds the issued check, i.e., the recipient of the payment).

The check process works as follows: a check issued as a result of a purchase is first sent to the bank. The bank processes it according to the maturity dates, and when the check matures, it is checked. If the debtor's account is checked and sufficient funds are available, the payment is made and transferred to the creditor's account. If the account is insufficient, the check is written, and the bank signs the back of the check, confirming that it is insufficient funds.

A bounced check refers to a check issued without sufficient funds in the bank account. In Turkish law, issuing a bounced check is a crime regulated by Article 5 of the Check Law No. 5941, and the crime of issuing a bounced check is subject to complaint. Although the Check Law mentions complaints, it does not specify a time limit for filing a complaint. Therefore, the complaint period is determined by considering Article 73 of the Turkish Penal Code (TCK). There is a six-month period for filing a complaint (TCK Article 73), and this period is a forfeiture period. The check holder who does not exercise their right to complain within the period can no longer exercise this right. A complaint made after the deadline will not yield any result. The complaint period begins on the date the check is presented to the bank.

According to Article 5 of the Czech Law, if a check is presented within the legal presentation period based on the date of issue and is subsequently returned unpaid, the public prosecutor shall, upon the request of the holder within six months, issue a decision prohibiting the issuance of checks and the opening of check accounts for each check. A person subject to this prohibition is obligated to return all checks in their possession to the relevant banks. No new check account may be opened in their name.

If a check bounces, the creditor can initiate enforcement proceedings or file a complaint against the debtor in the enforcement criminal court.

A debtor who causes a check to be marked 'insufficient funds' may be sentenced to a judicial fine of up to 1500 days. If the judicial fine imposed by the court is not paid, it is directly converted into imprisonment. If the creditor files a complaint, the debtor is obligated to pay the amount of the bounced check along with the judicial fine; failure to pay this fine results in imprisonment.