Legal Guide
Essential Information About the Turkish Legal System
Types of Courts
- Civil Court of First Instance (Asliye Hukuk)
- First instance court that resolves general civil disputes. Handles contract claims, property disputes, and cases under 10,000 TL subject to mandatory mediation under Law No. 6100.
- Criminal Court of First Instance (Asliye Ceza)
- Court handling medium-level criminal cases. Deals with offenses like theft and fraud. Under the Criminal Procedure Code, defendant defense must be heard before judgment.
- Heavy Criminal Court (Ağır Ceza)
- Court handling serious criminal offenses. Manages cases like murder and rape. Subject to Court of Cassation supervision with appeal rights.
- Family Court (Aile Mahkemesi)
- Handles family law cases such as divorce, custody, and alimony. Child welfare is prioritized. Governed by Turkish Civil Code and Family Courts Establishment Law.
- Enforcement Court (İcra Mahkemesi)
- Resolves disputes arising from enforcement and bankruptcy proceedings. Oversees attachment of debtor property. Specialized in Enforcement and Bankruptcy Law.
- Labor Court (İş Mahkemesi)
- Resolves disputes between employers and employees. Decides on termination and wage claims. Governed by Labor Law and relevant regulations.
- Consumer Court (Tüketici Mahkemesi)
- Resolves disputes related to consumer rights. Protects consumers from defective products and contract breaches. Governed by Law No. 6502.
Litigation Process
- Statement of Claim
- Written petition submitted to court to initiate a lawsuit. Includes plaintiff identity, case subject, and amount claimed. Prepared under Code of Civil Procedure.
- Case Acceptance Record
- Initial decision indicating the court has accepted the case. Case compliance is checked; deficiencies are given time to correct.
- Preliminary Hearing
- First hearing where parties' claims are clarified. Evidence is determined and witness list prepared. Party participation is mandatory.
- Investigation Phase
- Process where evidence is examined and witnesses are heard. Expert reports may be obtained. Parties can conduct cross-examination.
- Judgment Hearing
- Hearing where the court announces its final decision. Parties present final defenses. Judgment is written with reasoning.
- Appeal (İstinaf)
- First objection route to the Regional Court of Justice against first instance decisions. Yargılamanın yeniden yapılması may be requested.
- Cassation (Temyiz)
- Final objection route to the Court of Cassation (Yargıtay) against regional court decisions. Only legal supervision; no new evidence.
Fundamental Rights
- Right to Legal Representation
- Every citizen has the right to be represented by an attorney. Mandatory attorney appointment in criminal cases. Based on Article 36 of the Constitution and European Convention.
- Right to Fair Trial
- Everyone has the right to be tried by an independent and impartial court. Reasonable time trial is also included. Articles 36 and 40 of the Constitution.
- Right to Remain Silent
- Suspects or defendants can refrain from statements that may be used against them. Silence is accepted as a right. Article 145 of Criminal Procedure Code.
- Right to Present Evidence
- Parties can submit evidence in their favor to the court. Evidence collection and examination is done with party participation.
- Right to Appeal
- Right to apply to higher courts against decisions. Judicial review mechanism. Article 36 of the Constitution and related laws.
Statute of Limitations
- Tort Claims
- 2 years from learning of damage and perpetrator, in any case 10 years. Applicable to cases like traffic accidents. Article 72 of Turkish Code of Obligations.
- Rent Receivables
- Subject to 5-year statute of limitations. Applies to receivables from lease agreements. Article 146 of Turkish Code of Obligations.
- Employment Law Claims
- Subject to 5-year statute of limitations. Applies to labor claims like wages and severance. Article 32 of Labor Law.
- Divorce Cases
- 6 months from learning grounds for divorce, in any case 5 years. Important for reasons like adultery and violence. Article 166 of Turkish Civil Code.
- Inheritance Cases
- 10 years from the opening of inheritance. Applies for inheritance certificate. Articles 477-478 of Turkish Civil Code.
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