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Crime of prevention collection of pulic claims

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2021
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Abstract (EN)

From an economic point of view, it would not be rational to expect economic people who aim to maximize their utility (homo economicus) voluntarily to participate in an action that may lead to a decrease in their purchasing power or economic power. One of the situations encountered in the dimension of disclosure of the resistance shown by the public debtor in the collection process is the reaction it shows. In this reaction phase, the public debtor may act in a manner to partially or completely prevent the collection of the receivables. On the other hand, the public creditor administration prohibits certain actions against the possible resistance of the public debtor and imposes various sanctions in return in order to reach its receivables fully and completely. One of the types of crime included in the AATUHK numbered 6183, which can be described as the law containing penalties, is the crime of preventing the collection of public receivables. A total of two paragraphs stipulate a condition in the trial of the crime, for which a penalty binding freedom is foreseen in return for two separate groups of action. The crime, which is started to be investigated with the notification of the highest local official, also includes an objective punishment condition. When the deficiencies of the crime, the elements of which are examined in detail in the study, against the principles of universal criminal law are fully eliminated, the collection process will continue to be protected and optimal benefit will be achieved in the protection of public receivables as well as the interest relationship between the public creditor administration and the public debtor will be kept in balance.

Author

Erdem Utku Çakır

How to Cite

Erdem Utku Çakır (Doctorate thesis). Crime of prevention collection of pulic claims, 2021, Bursa Uludağ Üni̇versi̇ty.

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