The Crime of Issuing Bounced Checks – Legal Basis, Penalties and Application

Entrance

In commercial life checksare one of the most commonly used payment methods. However, a bounced check results in both financial loss for the creditor and serious legal liabilities for the issuer.
In Turkish law, issuing a bounced check specifically the Check Law No. 5941 and is subject to criminal penalties.

1. Legal Basis

The crime of issuing a bounced check is regulated in Article 5 of the Check Law No. 5941. The law contains detailed provisions regarding the legal elements of a check, the presentation period, the sanctions to be applied in case of insufficient funds, and the judicial procedure.

2. Elements of the Crime of Issuing a Bounced Check

2.1 The check must be issued

The check must be drawn up in accordance with the Turkish Commercial Code

2.2 Presentation to the Bank

The check must be presented to the bank within the statutory presentation period.
The presentation period is 10 days if the place of issue and the place of payment are the same , 1 month if they are in different locations , and 3 months if they are in different countries .

2.3 Absence of a Counterpart

If the bank does not have sufficient funds to cover the check, either partially or completely, the bank will write "insufficient funds" on the back of the check

2.4 Caste Element

The person issuing the check must have acted knowing that the check would be returned unpaid.

3. Sanctions

3.1 Judicial Fine

A person who issues a bounced check will be subject to a judicial fine equal to the amount of the bounced check .
If a fine is not paid, it can be converted into a prison sentence.

3.2 Prohibition of Issuing and Using Checks

The court issues a ban on issuing checks and opening checking accounts.
This prohibition applies directly to individuals, and to company officials on behalf of the company they represent.

3.3 Trial Procedure

Crimes related to issuing bounced checks in enforcement criminal courts .
The complaint period is 3 months and in any case 1 year.

4. Examples of Supreme Court Decisions

The 19th Criminal Chamber of the Supreme Court of Appeals, in its decision numbered 2019/3562 E. and 2020/2176 K.
, ruled that the crime of issuing a bounced check does not occur if the check is presented outside the statutory presentation period.
The 19th Criminal Chamber of the Supreme Court of Appeals, Case No. 2017/4826 E., Decision No. 2018/2934 K., states
that in cases of issuing bounced checks, both the individual who owns the check account and their authorized representatives are liable.

5. Effective Repentance in the Crime of Issuing a Bounced Check

the check amount is paid in full during the litigation process or before it becomes final .
If the check amount is paid in part, the amount paid will be considered a reduction in the penalty.

6. Points to Consider During Implementation

Failure to comply with the submission deadline does not constitute a crime.
The right to complain does not arise until the bank has marked the loan as "insufficient funds".
The original check must be presented , not a photocopy or copy

7. Conclusion

The crime of issuing bounced checks aims to protect both commercial trust and maintain economic order . Those who issue checks should refrain from doing so if they are unable to pay the amount; otherwise, they should be aware that they may face serious criminal and legal penalties.

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