Adjudgment of enforcement crime compared to adjudgment of general crime

Debt relationship is one of the legal relationships that people establish with each other in society. This relationship established between the parties ends when the party with the title of the borrower fulfills its obligation against the party with the title of the creditor spontaneously and on time. However, the borrower may not always fulfill its obligation, which constitutes the subject of the debt relationship, spontaneously and on time. In such a case, as in modern legal systems, in our legal system, the creditor was given the opportunity to get his receivables through the enforcement authorities of the state. In other words, if the debtor or the person who is obliged to fulfill a right does not fulfill their liability with their consent, the obligation is enforced by applying the enforcement law rules Enforcement law rules are applied to be limited to the debtor's assets. As a result of enforcement proceedings initiated under the law of enforcement, according to the type of obligation, the amount obtained from the assets of the borrower is foreclosed, and the money obtained is paid to the creditor or the subject of the right is forcibly fulfilled. However, the authority to use force while fulfilling the subject of the act was granted only to the enforcement authorities of the state. In contrast, the creditor has no right to use force against the debtor's personal or assets. Moreover, in our legal system, acts of forceful use against the personal or assets of the debtor are prohibited and the realization of these acts is considered a crime. As a rule, algebra is not applied to the debtor personally during enforcement proceedings. However, some responsibilities have been imposed on the debtor and third parties during enforcement proceedings to ensure that the enforcement proceedings are carried out effectively, healthy and quickly, to prevent the malevolent behavior of the debtor or third parties, thereby ensuring that the creditor can easily get his receivables and maintain trust in the public authority. If the borrower or third parties violate these responsibilities imposed on them, various penalties are envisaged in the Enforcement and Bankruptcy Law according to the type and type of violation. Actions arising from the characteristics of Enforcement Law and punished are called "enforcement crimes" in doctrine and practice. As a matter of fact, these criminal acts were specially regulated in the 16th section, titled "Criminal Provisions" of our Execution and Bankruptcy Law No. 2004. In our study, the actions that are specially organized between the Articles 331-354 of the 16th Section of the Enforcement and Bankruptcy Law and which are subject to criminal sanctions will be discussed under the name of "Enforcement Crimes". In terms of determining the research problem, the concept of enforcement crime, the purpose of enforcement crimes, and most importantly, the differences between General Criminal Crimes and the way in which enforcement crimes are regulated in the Enforcement and Bankruptcy Law will be emphasized. At this stage, taking into account the types of penalties envisaged especially for criminal acts, it will be the subject of examination whether these actions are crime or misdemeanor or precaution by stating different opinions in the doctrine. While conducting this investigation, the classification will be adhered to enforcement crimes which leading to the punsihment as imprisonment or jail and forensic fines and enforcement offenses which leading to punishment as coercion and discipline imprisonment. Subsequently, it will be limitedly evaluated whether enforcement crimes are opposite or not to "ban on depreviation of liberty due to debt" rule which is stipulated in Article 1 of the Additional Protocol No.4 of the European Convention on Human Rights and Article 38/8 of 1982 Turkish Constitution. Thus, the procedure to be applied to enforcement crimes that form the basis of the research subject will be discussed.