The crime of abandonment of trade in the context of enforcement law (EBL m.337/a)

In this study, the offence of merchant's abandonment of trade, which was introduced by Article 337/a of the Enforcement and Bankruptcy Law No. 2004, is examined in three parts. The aforementioned offence in the Law No. 2004 contains provisions concerning the Turkish Commercial Code No. 6102 and the Turkish Criminal Code No. 5237, as well as the provisions of the EBL. In this respect, in the first part of the study, the historical development of enforcement offences, the issue of unconstitutionality and the concepts of special importance for the offence of abandonment of trade such as merchant, abandonment of trade, seizure and declaration of goods within the framework of the private law dimension of the offence were examined. In the second part, within the framework of the theory of crime investigation, the legal value protected by the crime, the material and moral elements of the crime and the special forms of appearance of the crime were evaluated. In the third part, the comparison of the crime of abandonment of trade with similar crimes and institutions is discussed, and the concepts of complaint, competent court, authorized court and conciliation, which are among the conditions of criminal procedure (conditions of the case) necessary for the punishment of merchants who abandon trade, are emphasised. In addition, information on the sanction regulated in the law subject to the aforementioned crime has also been shared. In short, the offence of abandonment of trade regulated in the Enforcement and Bankruptcy Law No. 2004 has been written by taking into account the established judicial decisions, doctrinal discussions, the course of practice and the regulations in the law.