Bad Check Cases and Criminal Sanctions in Turkey: A Comprehensive Guide

Dishonoured cheques and collection

Debt collection and criminal liability require separate assessment. The cheque’s formal requirements, presentation date and bank record of dishonour matter. Special enforcement for negotiable instruments may be available where its conditions are met; not every document qualifies.

Criminal consequences

Article 5 of Cheque Law No. 5941 provides, subject to its conditions and the holder’s complaint, a judicial fine of up to 1,500 days for each cheque. A ban on issuing cheques and opening cheque accounts is also relevant. Describing the ordinary sanction as a direct six-month to two-year prison sentence is incorrect. Enforcement and conversion of an unpaid judicial fine are governed by separate rules.

Identifying the responsible person

Responsibility depends on whether the account holder is an individual or company and, for companies, on responsibility for financial affairs. Not every shareholder or employee is automatically criminally liable. A criminal complaint does not replace debt-enforcement proceedings.

Preparing the file

Review the cheque, bank endorsement, presentation records, endorsements, representation documents and payment evidence. Presentation, complaint, enforcement and objection periods differ and must be calculated separately. Payment and withdrawal of a complaint require assessment under Article 6 of the Cheque Law.

Legal basis

5941, Articles 5–6; Turkish Commercial Code cheque provisions

Legal information: This article provides general information on Turkish law. The documents, dates and applicable rules of each case require individual assessment.