TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
Aktay Law Firm Levent Mah Yapı Kredi Plaza, B Blok Kat:11 Beşiktaş İstanbul, Türkiye
Tel: +90 212 216 40 00 Email: info@aktay.av.tr Web: www.aktay.av.tr
1. General 1.1 General Characteristics of the Legal System The Turkish legal system is based on civil law. The adversarial judicial system is implemented for cases in accordance with the relevant arti- cles of the Civil Procedure Code (the “CPC”). Written petitions, statements and evidence have significant importance in terms of the nature of the process. The principles of Turkish law are presented in writing. In addition, oral arguments are supported by statements during the hearing. 1.2 Court System In the Turkish legal system, the courts have defined powers. The courts are divided into three main judicial branches: judicial; adminis- trative; and constitutional. The judicial branch handles criminal cases and private law disputes. It is divided into civil courts of peace, civil courts of first instance, criminal courts, labour courts, family courts, commercial courts and consumer courts. The administrative branch resolves disputes involving public administration. Administrative courts and tax courts are the foundation of this judicial branch. Decisions from these courts can be appealed to the BIM and the Council of
State. The process starts with the plaintiff filing a petition with the court. The defendant is obliged to respond within two weeks of being notified of the lawsuit being filed. The length of these processes may vary depending on the court and the subject of the case. It is two months in simple trial procedures. In criminal cases of first instance, a target of finalising within 300 to 390 days has been set. 1.3 Court Filings and Proceedings Hearings are open to a certain extent. Within the scope of the principle of publicity, it is possible for third parties who are not a party to the pro- ceedings to observe the proceedings and learn the judgment rendered. However, there are some exceptions to this. In cases where public morality or public security makes it absolutely necessary for some or all of the hearings to be held in secret, the court will decide in private. Hearings in juvenile courts are closed in accordance with the Child Protection Law. Access to case files is also restricted and they are not open to the general public. 1.4 Legal Representation in Court Article 3 of the Attorneyship Law sets out the requirements for legal representatives to appear
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