Document Type : Research/Original/Regular Article
Author
Abstract
According to Article 12 of Check Drawing Act, drawer of check can pay out funds of check and delayed payment penalty to the holder of check or provides causes of payment of them, in the middle of criminal procedure, even after issuing definitive judgment, and thereby causes to cease the criminal procedure or enforcement of judgment. The Article makes this image that to cease criminal procedure or enforcement of judgment, the drawer must pay the delayed payment penalty with the funds of check whether the delayed payment penalty was claimed, according to rules of Civil Procedure Act, by holder of check or not. But on the base of civil nature of delayed payment penalty and the necessity of demanding of it, the Article 12 of Check Drawing Act must be applied when the holder of check has demanded the delayed payment penalty whit funds of check according to circumstances required by law. Therefore, in the case that the holder of check has not demanded delayed payment penalty, the criminal procedure will be stopped if the drawer of check pays out only the funds of check to holder, also if the funds is paid after issuing final judgment, the enforcement of the judgment will be stopped.
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