
In short
An unpaid judicial fine goes to the conversion step in the statute at the sentence-enforcement office. A judicial fine is the monetary sanction a criminal court wrote in the operative clause of the judgment. The part that was paid is deducted from the collection record. The remaining amount can be taken, on the imprisonment side, with the link the statute built. The calculation of this link is read from the amount in the judgment and from the text in force. An administrative fine is not the name of this paper.
Which sanction the amount in the judgment is
A judicial fine can stand beside a prison sentence, or alone, in the operative clause. If it stands alone, enforcement of the sentence runs over that monetary line. If it was written together with imprisonment, the imprisonment goes to its own enforcement and the judicial fine to its own collection. The two lines are not read in each other's place. In a judgment where a short term of imprisonment was converted into a judicial fine as an alternative, the result that is the subject of enforcement is the judicial fine that was converted. Imprisonment that was not converted is not collected as a judicial fine.
The amount is the exact amount written in the judgment. How the amount was built is read from the text in force and from the line in the judgment. This article does not fill that construction with a figure. The figure stands in the judgment. If the amount in the judgment and the payment receipt do not match, the mismatch is read from the collection line in the sentence-enforcement file. If there is no line, it is not assumed that it was paid.
A judicial fine is not written in an acquittal clause. The result that there is no conviction means a monetary sanction was not built. Deferral of the announcement of the verdict is not the collection paper of an announced judicial fine either. When the judgment is announced in that decision, whatever sanction was announced becomes the subject of enforcement. While there is no announcement decision, the judicial fine is not treated as collected.
An administrative fine is a sanction the administration imposed. A traffic decision, or a similar administrative decision, does not take the place of the operative clause of a criminal court's judgment. A claim in an enforcement file is not a judicial fine either. Which paper is in hand is read from the heading of the paper and from the authority that gave the decision. If the authority is not a criminal court, the conversion in this article is not pasted onto that amount.
The payment record is read from the sentence-enforcement file
If the judgment granted a period or instalments for payment, that record is in the file. The record is the respite or the instalment plan the court wrote in its clause. The sentence-enforcement office does not act as if it had of itself added a plan that is not in the judgment. If there is a plan in the judgment, the failure of the plan is seen separately in the sentence-enforcement file. While there is no failure, the remaining amount is not treated as having fallen due. The text of the plan is in the decision. If there is no text, a plan is not assumed.
If a payment was made, the collection record at the sentence-enforcement office and the amount in the judgment are read side by side. A partial payment is not a formula that closes the remainder of itself. The part that was paid is deducted from the record. The remainder is the part taken as the basis for conversion. If the payment document stands with the person and has not entered the file, the file is not announced as closed before the document is compared with the line in the file. The comparison is read when it is entered on the sentence-enforcement office's record.
It is not assumed that the enforcement step began before the route of appeal ended. The distinction of authorities is in the article on appeal and cassation. If there is an application, the judicial fine is not treated as enforced until the endorsement of finality falls. If there is a waiver, or abandonment of the application, that endorsement is also read together with the record of finality. A decision the public prosecutor's office gave in the investigation stage is not a judgment of a judicial fine. The investigation is in the article on a public prosecutor's investigation. A fine being requested in the indictment does not mean a judgment was built.
The unpaid part goes to the conversion step
If the amount is not paid, the sentence-enforcement office applies the conversion text in the statute. The text operates the link the statute built between the unpaid judicial fine and imprisonment. The measure of the link stands in the provision in force. This page does not write that measure as a figure. The sentence-enforcement office takes as its basis the amount in the judgment, the collection record and the conversion sentence in force. If the three are not together, the step is not treated as completed.
Conversion is not a new conviction. The court has already sentenced to a judicial fine. Enforcement takes the unpaid part as imprisonment according to the link in the statute. This taking is not the rebuilding of the conditions of pre-trial detention. Pre-trial detention is a separate protective measure given while the trial is running. Its condition is in the article on a detention decision. The conversion step does not change whether the defendant was detained during the trial.
If a payment is made while the conversion has been applied, the result the statute tied to the part that was paid is read from the sentence-enforcement file. The payment does not of itself zero the remaining part. If there is a remainder, the remainder stands in the file. If there is no payment at all, the conversion step is not closed like a file that was paid. The date the step was taken, and the amount taken as the basis, are in the enforcement papers. If there are no papers, a result is not written.
Conversion is not postponement or a measure
Holding back, on a condition, the enforcement of a prison sentence is separate from the conversion of an unpaid judicial fine. In postponement there is a pronounced imprisonment and its enforcement is tied to a condition. That institution is in the article on postponement of the sentence. In a judicial fine, collection is looked for first. The part that is not collected goes to the conversion in the statute. If the judgment has both imprisonment and a judicial fine, postponement being written for the imprisonment does not have the judicial fine counted as postponed too. The line of the judicial fine runs from its own collection.
A judicial-control obligation is not collection of a fine either. The obligation is a measure imposed before the judgment. Its frame is in the article on judicial control. Paying a security does not close the judicial-fine debt. Complying with a signing obligation is not counted as having paid the amount in the judgment. If the two files have been mixed, which payment belongs to which decision is separated from the description on the receipt and from the enforcement record.
The conversion step is not an announcement that the institution's door opened at the same moment for every unpaid amount. The order of the step is in the sentence-enforcement file. If a call, a payment or a conversion decision is not in the papers, this text does not produce those papers. If the papers exist, the amount in the papers and the amount in the judgment are compared. Whether the difference comes from a partial payment or from another judgment is seen from the record. The debt of another file is not added to the judicial fine in hand.
Costs of the trial and damages are not this amount
Beside the judicial fine, a line for costs of the trial, a counsel's fee or damages directed at the victim can stand in the judgment. These lines are not the judicial fine. Costs and the counsel's fee are a separate claim for collection. The victim's damages do not of themselves enter the amount of the sentence either. Payment of the judicial fine does not close the costs. Payment of the costs is not counted as having paid the judicial fine either. Which receipt was entered against which line is separated from the description and the enforcement record. If there is no description, the payments are not treated as merged.
Claiming damages through enforcement proceedings is not the conversion of the judicial fine. A payment order in the enforcement file does not take the place of the sentence-enforcement office's conversion step. If the two files appear joined in the same person, the reference numbers are read apart. If the number is not the same, the amounts are not added. The remainder of the judicial fine does not of itself change with interest or a waiver in the enforcement file. A waiver affects that claim only if it is seen from the document which claim it concerns. If the document does not show the judicial fine, the amount of the sentence stands.
The date, the amount and the description are looked for together on the payment document. If the description carries the judgment reference, the document belongs to that file. If there is no reference, the document is not of itself tied to the judicial fine in hand. If the bank receipt and the sentence-enforcement office's collection line show a different amount, the difference is not treated as closed. The difference is seen when it is written which amount was entered on which date. The record of entry can be late after the receipt. The delay does not have the payment ignored. If the record was never opened, the debt is not announced as closed before the receipt is submitted to the file. A receipt that was submitted is read together with the note that it was entered on the enforcement papers. If there is no note, it is not assumed that it was entered. Two payments made on the same date can be merged on a single receipt. If a merged receipt does not say in the description which amount belongs to the judicial fine and which to costs or damages, the debt is not treated as closed before the amounts are separated. The separation appears separately on the sentence-enforcement office's collection line. If it does not appear, the receipt is not announced as having paid every line.
Conclusion
A judicial fine is the monetary sanction in the judgment. The unpaid part goes, at the sentence-enforcement office, to the conversion in the statute. A partial payment does not close the remainder. Postponement, pre-trial detention and an administrative penalty are not the same step. The framework is on the criminal law page. The monetary sanction is in the text of Turkish Criminal Code No. 5237. Building the judgment is subject to the procedure of Criminal Procedure Code No. 5271. The judgment and the payment record can also be read through contact.