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Author: seyhan

09Mar
 

Children with Biyonic Ear Association’s visit

17Feb
 

Victim Rights in Turkey

4.What is suspension of the pronouncement of the judgement?

If the given punishment is 2 years of inprisonment or less  with existence of appropriate criteria pronouncement of judgement can be delayed for 5 year period.

What are the criteria for suspension of the pronouncement of the judgement?

Suspect must not be sentenced to an intentional crime prior to the lawsuit

The court must be convinced that the suspect won’t commit crime again

All the damages suffered by the commonwealth and the victim must be fully compensated

The suspect must accept the suspension of the pronouncement of the judgement.

 

What are the results of suspension of the pronouncement of the judgement?

The suspect must not commit crime or violate probation period of 5 years. If he does commit crime or violate probation, then the court pronounces the sentence. The jail time will not be delayed or transformed into a lighter form of punishment. Additionally the suspect will not be able to demand for suspension of the pronouncement of the judgement in the litigation of the newly committed crime.

If the suspect doesn’t violate the probation and doesn’t commit a crime all charges will be dropped and case will be closed. The crime will be seen as not commited.

 

Is it possible to challenge suspension of the pronouncement of the judgement?

Yes but suspension of the pronouncement of the judgement can not be appealed. Since the concent of the complainant is not needed in suspension of the pronouncement of the judgement he/she can challenge the decision. In this case court will review whether the criteria for suspension of the pronouncement of the judgement were satisfied.

 

What happens if the suspect doesn’t accept suspension of the pronouncement of the judgement?

The suspect is not obligated to accept suspension of the pronouncement of the judgement. If the suspect rejects suspension of the pronouncement of the judgement: the verdict will be pronounced and the punishment will be enforced. In this case since there is a final verdict it is appealable and available for reverse of judgement.

 

Is suspension of the pronouncement of the judgement an exoneration decision?

Because the suspension of the pronouncement of the judgement results in new obligations to be fulfilled by the suspect it is not equal to an exoneration. As a result of noncompliance the decision is pronounced and the punishment enforced.

How can the criterion of compensation of damages  be satisfied?

One of the criteria for suspension of the pronouncement of the judgement is full compensation for all the damages suffered by the commonwealth and the victim. This can be achieved by either full restitution or reinstatement. In this case under the wording damages only the material loss is being understood and moral losses are not included.

 

The losses suffered must be direct. Indirect losses are not covered by this provision.

 

If a lawsuit for the damages has been opened in a civil litigation there is no ned in waiting for the verdict. The fact that a case for the damages has been opened doesn’t mean that the damages have been compensated.

 

If the losses suffered are in such an amount that they cannot be compensated right away: a payment by installments may be available as a way of mitigation. In this case suspect pays for the losses during probation.

 

Since the consent of the victim is not needed for suspension of the pronouncement of the judgement if victim agrees for a partial compensation or accepts the compensation made then the criteria is satisfied.

17Feb
 

Victim Rights in Turkey

 3.Who is a witness?

A witness is a person not involved in the judicial dispute but that is known to be informed on the matter of the lawsuit.

 

Is testimony obligatory?

Yes. A person indicated as a witness is obligated to truthfully give testimony in front of the court or general prosecutor. In exceptional situations a person can withhold from making testimony. However even in this case that person is obligated to inform the judge or the general prosecutor of his/her use of right to withhold their testimony.

 

I have been indicated as a witness on a matter that I am not knowledgeable of.

In this case on the hearing in front of the judge you have to inform the court of your absence of knowledge and make the oath of truthfulness.

 

What happens if I do not appear in court?

If you do not appear at the hearing for your testimony you may be brought to the court by force by police or gendarme officers and you will be responsible for all expenses.

I am not able to appear in court.

You must notify in writing the court or the general prosecutor of your excuse immediately.  In your summons you can find the name of the court or general prosecutor as well as investigation information and number of the case. You must include information about investigation and case number in your written request that is addressed to the appropriate competent authority: in this case the name of authority indicated on your summons.  However keep in mind that not every excuse is acceptable for rescheduling the hearing. ‘I am very busy’ ‘I have a meating’ ‘I can’t leave the workplace’ are not satisfactory excuses. In case the competent authority finds your excuse acceptable the hearing of your testimony will be rescheduled for another date and a new summons will be sent. In case the excuse won’t be regarded satisfactory you may be brought to the hearing by force by the authorities.

 

What must I include in the testimony?

You must truthfully explain all the information that you have. In doing so you must most definitely indicate if you directly witnessed the shared bit of information even if it is truthful. For example: when asked by the judge ’Is Ahmet beating his wife?’ and you did not directly witnessed the event but informed by the talk of the neighbours you must not answer ‘Yes Ahmet beats his wife’ but instead ‘Yes, the neighbours say that he continuously beat her’.

 

What happens if I lie?

Perjury is a crime. If the judge realises that you are lying he/she may inform the general prosecutor to invoke appropriate procedures. If a criminal investigation will be opened by the general prosecutor you may go to jail. This situation will be reflected in your criminal record. In addition if the judge has made a decision relying on perjury the judicial process will be renewed. Also the aggrieved side may request for damages in regard to your false testimony.

 

Can I give my testimony in writing?

In principle no. As a witness you must give your testimony orally in front of the judge by answering his/her questions. However for better clarity on matters such as numbers or technicalities you may request to present your testimony by writing. If you withdraw from testimony without proper legal reasoning a disciplinary penalty may be enforced.

However: if the judge deems it necessary the testimony may be given in writing during short periods of time as answers to the posed by judge questions. In this case if your written answers are not seen as satisfactory you will have to answer verbally.

I am very busy. Can I give my testimony beforehand in the secreteriat of the court?

No.  The testimony must be take by the judge. Even if you are present at the secretariat before the hearing there is no way you can give your testimony in writing.

I am going to appear at the hearing.

In the summons sent to you you will find the date time and the indicated court where the hearing will take place. You have to be present and ready at the designated time. The bailiff will call out your name after which you can enter the courtroom. You cannot enter the courtroom unless your name has been called.

 

Why can’t I be present at the whole hearing?

The testimony must be given neutrally and impartially. In this regard your opinion can be influenced by the testimonies of other witnesses or you can get confused by them. This is why you must wait outside as other witnesses give their testimony. The witnesses are heard separately.

What must I do during the hearing?

You must bring your identification documents. DUring your entering to the courtroom you documents will be checked and included in the record of proceedings. You will be asked whether you know the sides of the lawsuit. Also you will be asked whether you are knowledgeable on the matter of dispute. You must answer the questions addressed to you truthfully and clearly. If you know the sides: if you are knowledgeable on the dispute matter or if your interests will be touched by the decision of the court you must inform the judge.

I left my workplace and made expenses during the trip.

The time and expenses that you endured are taken into consideration and a sum will be paid to you accordingly. If you reside at another city: compensatşon of your expenses is your legal right which you can demand from the court or general prosecutor.

 

Instead of going to the court can I go to the notary?

No. Testimony given in front of the notary is not equal to the testimony given to the court.

What is withdrawal from testimony?

Witneses are under a legal obligation to give testimony. Additionally person leaving a closed one in a tough situation does not bide with the sence of justice. The testimony given out will always be regarded as disputable. Some persons has been deemed as an exception and these persons can withdraw from testimony.

Who can withdraw from testimony?

Sides to the lawsuit;

Suspect or accused in a criminal case;

Persons binded by the familial bounds;

Previous spouses;

Persons whose testimony may hurt their dignity;

Persons whose testimony may result in a criminal investigation for them.

16Feb
 

Victim Rights in Turkey

Victim Rights in Turkey

  1. What is reconciliation?

The disputing sides come to an agreement with guidance of a neutral third party that presents them with multiple solutions and provides them with an opportunity to negotiate. The disputing sides choose resolution that is the most suitable for them. They are not obligated to reconciliate in the end of the whole process. They can also reach a mutual agreement on a part of the dispute.

Who is a mediator?

Mediator asks the disputants the phrase their side of dispute in form of topics in writing, if suited heshe could ask for clarification by the sides and also ask any kind of evidence that backs up their arguments. Mediator not only pinpoints the legal events but also presents solutions to the dispute at hand.

How does the reconciliation process develop?

*The whole process is confidential.

*Disputants negotiate in the presence of mediator.

*The disclosed information cannot be used against them.

*After the negotiations if the sides reach an amicable agreement and the suspect performs the obligations under mediation agreement the criminal case is dropped and mediation process is concluded.

Does attemting to reconciliate means I have taken my complaint back?

No. If the complaint is taken back before the reconciliation process then the reached agreement is null. Instead using phrases like ‘I take my complaint back and want to reconcile’ you should say ‘I don’t take my complaint back nut I want to reconcile.’

In which cases reconciliation is available?

Only the crimes which are listed in the Penal Code are suitable for reconciliation:

*Crimes investigation and prosecution of which is tied to the complaint(for the exception of sexual assault)

*Crimes investigation and prosecution of which is not tied to the complaint

*Intentional injury

*Reckless injury

*Threat

*Violation of immunity of domicile

*Stealing

*Fraud

*Child abduction and retainment

*Disclosing confidentional information such as commercial secret: customer secret or banking documents.

Which topics can be subject to reconciliation?

Since the reconciliation process is completely left to the disputing sides topics such as material and moral compensation can be discussed upon freely.

*Reinstatement or reimbursement of moral and material losses caused by the act

*Making of a donation to non profit organisation or to those in need

*Temporary attendance to a commonwealth facility

*Attendence to a program for personal growth

*Performance of an act that counts as an apology the the victim(within the legal boundaries).

What happens after the reconciliation process has been concluded?

In this case sides are obligated to perform upon their Reconciliation Agreement.

*Suffering of the victim will be reimbursed more quickly

*The criminal case regarding the suspect will not be opened

*If opened the criminal case will drop

*Suspect wont be incriminated or recieve a penalty.

An article about victim rights in Turkish law system. Other articles on the topic of victim rights are here and there.

16Feb
 

Victim Rights in Turkey

1.What is a complaint?

 

A complaint is made to the general prosecutor or to the law enforcement officers(such as police or gendarmery) by informing the relating organs about the crime that affected you and if you are knowledgeable about the suspect.

What is the difference between a victim and a complainant?

A victim is a side that took direct damages or material loss from the criminal activity. A person that suffered losses is the side whose interests were deprived.  If the victim or the person that suffered losses make a complaint to the relating organs that person gains the status of a complainant.

Is a report and a complaint the same thing?

A report is the act of informing the officials about a crime that took place and can be made by anyone. Where a complaint can only be made by the person that suffered losses or a victim of the crime.

What is the deadline for complaint making?

A complaint must be made within 6 months.  For crimes investigation and prosecution of which is tied to the complaint: if the 6 months period has been breached the investigation and prosecution will not take place. This deadline starts from the moment the person with right to make a complaint has gained the information of the crime taking place and the suspect’s identity.

Which acts can be reported as a complaint to the General Prosecutor?

Every legal event is not made topic of criminal investigation. For example: divorce: debt reimbursement or nonperformance of rental payment are not within General Prosecutor’s jurisdiction. Your complaint must always be related to an act of crime.

What is an abuse of right to complaint?

The person that is aware that the crime actually didn’t took place or the suspect didn’t commit the crime is abusing the right to complaint. This act may result in a criminal investigation of the abuser.

Can I take back a complaint?

Until the final decision has been made by the judge it is possible to take your complaint back. If the complaint is taken back during investigation phase this will result in the decision that there is no need for prosecution. If the complaint is taken back during prosecution phase the criminal case is dropped afterwards.

How do I file the complaint?

If you suspect that an act that has deprived your interests forms a crime, you can file a complaint to the officials of the district where the crime took place. The aspects that you should include in the complaint are listed below:

 

*The complaint must be adressed to the official organ in which the complaint is being made

*Complainant must include his/her name, surname, identification number and adress.

*If it is known name, surname, identification number and adress of the suspect must be included.

*What the crime consists of and the exact date of occurrence must be indicated.

*Under the section of Explanations complainant must breafly describe the event.

*Under the section Evidence complainant must describe all the proof that is tied to the crime and include all written evidence to the complaint.

*The demand towards opening of a civil law suit must be included at the end.

06Feb
 

Seyhan Law Firm is Sponsoring prof. dr. Ejder Yılmaz II. Moot Court by ELSA Ankara

Seyhan Law Firm is Sponsoring prof. dr. Ejder Yılmaz II. Moot Court by ELSA Ankara

Cooperation that started in the past few months between ELSA Ankara, young lawyers and law students association and Seyhan Law Firm’s continues. Moot Court Competition is held to improve students’ practical skills in legal profession in the light of learned theory in the law faculties. In this regard this competition puts emphasis on writing memorandum with the written phase and developing pleading and argumentation skills with its oral phase. The competition will be held with honorable presence of prof. dr. Ejder Yılmaz. Our Law Firm supports future lawyers and wishes them luck on the upcoming pleadings on 7-8 April 2018.

06Feb
 

Purchase of Property in Turkey

Purchase of Property in Turkey

Procedure:

1.First an appointment is made from General Directorate of Land Registry and Cadastre (randevu.tkgm.gov.tr);

Conditions to be met:

-Being within age limits of 18-65(1)

-Having citizenship of countries listed in Schedule-1(2)

-The surface area of the property must not exceed 30 hectares and also %10 of surface area of the district

Additional Condition:

-In event of purchase of a land the new owner must disclose the plans of the Project to the Council of Ministers

2.A document stipulating market priceof the property must be aquired from the City Hall;

3.A document stipulating the absence of any debt upon the property must be aquired from the City Hall;

4.Price of Circulating Capital and %2 Registry Fee must be paid to the parter Bank(3)

5.In event of purchasing a building mandatory Earthquake İnsurance must be bought

6.On the day of the appointment in the General Directorate of Land Registry and Cadastre the following documents must be presented: passport and a copy thereof, residence permit and a copy thereof(4), document stipulating the absence of any debt upon the property aquired from the City Hall, Earthquake Insurance; after which the whole process is concluded.(5)

Footnotes:

(1) Persons aged 65 and above can still make the purchase by presenting health certificate stipulating mental capacity to the General Directorate of Land Registry and Cadastre.

(2)Published by Council of Ministers Schedule-1 of citizens who are allowed to purchase property ia as following:

Afghanistan (Properties except      farm lands)
Germany
America
Andorra
Angola
Antigua and Barbuda
Argentina
Albania(Only workplace and  living quarters   properties)
Australia(Permit from Ministry of Interior is needed)
Austria
Azerbaijan
Bahamas (Permit from Ministry of Interior is needed)
Bahrain (Permit from Ministry of Interior is needed)
Bangladesh Barbados
BelarusBelgium
Belize
Benin
United Arab Emirates
Bolivia
Bosnia and Herzegovina
Beaucowna
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Algeria(Permit from Ministry of Interior is needed)
Djibouti
Chad
Czech Republic
People’s Republic of China

(Only living quarters properties) (Permit from Ministry of Interior is needed)
Denmark(Only  living quarters  properties)
East Timor
Dominica
Dominican Republic
Ecuador
Equatorial Guinea
Salvador
Indonesia
Estonia

Morocco(Properties except farm lands)
Ethiopia
Morocco
Fiji

(Only workplace and living quarters properties)
Côte d’Ivoire

Philippines
Palestine   (Permit from    Ministry of Interior is

   needed)
Finland
France
Gabon
Gambia
Ghana
Guinea
Guinea-Bissau
Granada
Guatemala
Guyana

South Africa
South Sudan
Georgia
Croatia
India

   (Permit from

   Ministry of Interior is

   needed)
Netherlands
Honduras

(Only land and living quarters properties)(Permit from Ministry of Interior is needed)
Iraq
England(Permit from Ministry of Interior is needed)
Iran(Only workplace  properties)(Permit from Ministry of Interior is needed)
Ireland
Spain
Israel
In Sweden
Switzerland
Italy
Iceland
Jamaica
Japan
Cambodia
Cameroon
Canada
Montenegro
Qatar
Kazakhstan
Kenya
Kyrgyzstan
Kiribati
Colombia
Comoros
Republic of the Congo
Republic of Korea (southern)
Kosovo
Costa Rica

Kuwait
Turkish Republic of Northern Cyprus
Laos
Laseto
Latvia
Liberia
Libya
Liechtenstein
Lithuania(Properties except  farm lands)
Lebanon
Luxembourg
Hungary(Properties except  farm lands)
Madagascar
Macedonia
Maleuy
Malaysia
Must
Malta(Only living quarters properties)Marshal Isles(Properties except  farm lands)
Mauritius
Mexico
Egypt(Properties except  farm lands)

Micronesia(Properties except  farm lands)
Mongolia
Moldova
Monaco
Mauritania
Mozambique
Myanmar
Namibia
Nauru
Niger
Nicaragua
Norway
Central African Republic
Uzbekistan
Pakistan(Permit from Ministry of Interior is needed)
Palau
Panama
Papua New Guinea
Paraguay
Peru
Poland
Portugal
Romania
Rwanda

Russia
(Possible purchase of real estate located outside the Black Sea District)
Samoa
Sanmarino
Sao Tome and Principe
Senegal
Seychelles
Republic of Serbia
Sierra Leone
Singapore
Slovakia
Solomon Island
Somalia
Sri Lanka
St. Kitts helps and Nevis
St. Vincent the Grenadines
Sudas
Suriname(Properties except  farm lands)(Permit from Ministry of Interior is needed)
Saudi Arabia
Swaziland
Chile
Tajikistan
Tanzania
Thailand
Togo
Tongoi
Trinidad and Tobago
Tunisia
Tuvalu
Turkmenistan
Uganda(Properties except  

        farm lands)

   (Permit from Ministry of Interior is needed)
Ukraine
(It is possible to purchase real estate only for the purpose of use as a workplace)
Oman
Uruguay
Jordan(Only 1 workplace and 2 living quarters properties)
Vanuatu
Venezuela
Vietnam(Properties except  farm lands)
New Zealand
Cape Verdian
Greece
Zambia
Zimbabwe

 

Citizens of coutries listed below are prohibited from purchasing property by decision of the Council of Ministers:

Armenia
Cuba
North Korea
Nigeria
Syria
Yemen

(3) TC Ziraat Bankası

İş Bankası A.Ş.

Halk Bankası T.A.Ş.

Yapı ve Kredi Bankası

Garanti Bankası A.Ş.

Şekerbank A.Ş.

Oyak Bank A.Ş.

Albaraka Türk Katılım Bankası A.Ş.

Türkiye Finans Katılım Bankası A.Ş.

Turkish Bank

(4)Those who do now own a residence permit and are making the purchase by procuration are obliged to present the letter of power signed and translated to turkish by notary

(5) Completion process = takes around 1-2 months

29Jan
 

ELSA visits Seyhan Law Office

Seyhan Law Office and ELSA (The European Law Students’ Association) teamed up for L@W Lawyers at Work activity. The goal of this event is to give inside knowledge to law students about work place and specific legal field that the law Office is specialized in. Student members of ELSA Ankara visited our Office on 18 October for the L@W event with a focus on Energy Law. During the event Atty. Bülent Seyhan shared his knowledge and experience in this field in order to give tips that are important for those who want to work in Energy Law field.  The association is an organization that brings together law students and young lawyers of 43 different countries.  ELSA partners up and Works with such European Organizations as UNCITRAL, EC European Council, WIPO and UNHCR and doing so provides member students with great opportunities for groth and education. In this context our law Office is willing to even further cooperate with ELSA in order to provide helpful information for students and better law education by enforcing cultural exchange and social responsibility. To participate in similar activities in the future follow our social media accounts.

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