İcra iflas suçları kapsamında şirket yöneticilerinin cezai sorumluluğu

Abstract

The articles of 310-345/b in the Sexteenth Part of Execution and Bankruptcy Code indicates the crimes for actions about execution and bankruptcy. Furthermore, the Execution and Bankruptcy Code includes some economic crimes, punishments and private judgment procedures. So, it is possible to make Execution procedures more efficient and protect the rights of the creditors by using prosecution through Execution. Certainly, the development in the commercial and economic life and the importance in making huge investments, especially in private commercial sector, depend on the mutual trust among the persons as well as the stability in the market. The consequence of globalization and the complexity of the commercial life bring about stock companies instead of personal investments. Consequently, it is important to establish that those companies have legal and criminal responsibilities against the third persons as well as to the administrators and to their deputies. Because, it is not possible to balance and establish a healthy and stable growth in the economy by imposing only legal responsibilities to those persons. The article of 345 in the Execution and Bankruptcy Code states the persons who have criminal responsibilities as a juridical person. This article indicates the juridical person?s directors, their representatives or deputies in the name of the company. For these reasons, after codifying the chapter related to the legal responsibilities of company administrators in Turkish Commercial Code, it seems that there is a need to regulate the articles of 333/a, 334 and 345 of Execution and Bankruptcy Code. Also, the bankruptcy by deception and reckless bankruptcy are arranged in the article 161 and 162 of Turkish Penal Code. Purpose of this thesis is to scrutinize rules and principles in the related articles of Execution and Bankruptcy Code, of Turkish Commercial Code and of Turkish Penal Code by examining the legal responsibilities of company administrators. The thesis also aims to search the perspective of the crimes in the Execution and Bankruptcy Code, Turkish Penal Code, and Penal Justice Code. In addition, it aims at implementing of mediation instruments and the decisions taken by the High Court of Appeals including doctrine.