Punishing the opposition of the interim injunction

Interim injunction has been regulated in Articles 389 to 399 of the Code of Civil Procedure numbered 6100. Since the interim injunction is a court decision, a number of assurances are needed to ensure the enforcement of court decisions. For this reason, the legislator envisaged protection by criminal sanction (as disciplinary imprisonment) in order to ensure the enforcement (or breaking of resistance to non-enforcement) of the injunction, which is a court decision. In this study, by evaluating the results of the punishment of opposition to the precautionary measure regulated in Article 43 of the Law No. 7251 and the Article 398 of the Code of Civil Procedure (HMK) No. 6100 and the penal consequences of some temporary legal protection decisions in other legal regulations, the relationship of the article with special penal regulations, whether it can be applied to them, the legal nature of disciplinary imprisonment and the legal effect of the sanction to be applied in terms of penal and criminal procedure law will be evaluated and the procedure for sentencing will be explained.