Introduction
The Turkish Procedural Law (Türk Usul Hukuku) provides the framework for how courts in Turkey hear cases, evaluate evidence, and deliver judgments. It is the backbone of judicial practice, ensuring fairness, efficiency, and legal certainty.
The two main branches of procedural law are:
- Civil Procedure (Hukuk Muhakemeleri Hukuku): Regulated by the Code of Civil Procedure (HMK, No. 6100), it governs disputes in civil, commercial, family, property, and inheritance law.
- Criminal Procedure (Ceza Muhakemesi Hukuku): Regulated by the Code of Criminal Procedure (CMK, No. 5271), it governs investigation, prosecution, and trial of criminal cases.
For foreigners doing business, investing, or living in Turkey, understanding Turkish Procedural Law is essential, as it determines how rights can be claimed and protected before courts.
1. Principles of Procedural Law
The codes set out guiding principles that ensure fairness in trials:
- Right to a Fair Trial (Adil Yargılanma Hakkı): Guaranteed under the Constitution (Art. 36) and European Convention on Human Rights.
- Independence and Impartiality of Judges: Judges are bound only by law and must act neutrally.
- Equality of Arms (Silahların Eşitliği): Both parties must have equal opportunities to present their case.
- Orality and Publicity (Sözlülük ve Aleniyet): Hearings are oral and open to the public, except where privacy or public order requires otherwise.
- Dispositiveness (Taleple Bağlılık): In civil cases, courts can only decide on what the parties claim.
2. Civil Procedure (Hukuk Muhakemeleri)
Civil procedure regulates private law disputes, such as contracts, property, family, and inheritance.
Filing a Lawsuit
A lawsuit is initiated by filing a claim petition (dava dilekçesi) with the competent court. The defendant submits a response petition (cevap dilekçesi). Written submissions frame the dispute.
Competence of Courts
- Civil Courts of Peace (Sulh Hukuk Mahkemeleri): Small disputes, tenancy, inheritance shares.
- Civil Courts of First Instance (Asliye Hukuk Mahkemeleri): General jurisdiction.
- Commercial Courts (Asliye Ticaret Mahkemeleri): Commercial disputes.
- Family Courts (Aile Mahkemeleri): Divorce, custody.
Evidence
Evidence includes documents, witness testimony, expert reports, inspection, and party statements. Courts freely evaluate evidence but must justify their decisions.
Judgments and Appeals
- First instance courts render judgments.
- Decisions may be appealed to Regional Courts of Appeal (Bölge Adliye Mahkemeleri).
- Final review is before the Court of Cassation (Yargıtay).
3. Criminal Procedure (Ceza Muhakemesi)
Criminal procedure ensures that crimes are investigated and prosecuted while protecting suspects’ rights.
Stages of Criminal Procedure
- Investigation Stage (Soruşturma):
- Conducted by the public prosecutor.
- Police collect evidence under prosecutor’s supervision.
- Suspects enjoy rights such as defense, silence, and legal counsel.
- Prosecution Stage (Kovuşturma):
- If sufficient evidence exists, an indictment is filed.
- Trial takes place before criminal courts.
- Judgment and Appeal:
- Courts issue verdicts of acquittal or conviction.
- Appeals are possible before Regional Criminal Courts and the Court of Cassation.
Rights of the Suspect and Defendant
- Right to a lawyer,
- Right to remain silent,
- Presumption of innocence,
- Right to interpretation (for foreigners),
- Right to appeal.
4. Administrative Procedure
Though primarily regulated by the Administrative Jurisdiction Procedure Law (İdari Yargılama Usulü Kanunu – İYUK, No. 2577), administrative procedure is often seen as part of procedural law. It governs disputes between individuals and public administration, reviewed by Administrative Courts and the Council of State (Danıştay).
5. Alternative Dispute Resolution
Turkish law increasingly emphasizes alternative dispute resolution (ADR) to reduce court workload:
- Mediation (Arabuluculuk): Mandatory in some cases (e.g., labor disputes, commercial cases).
- Arbitration (Tahkim): Particularly used in international business contracts.
- Conciliation (Uzlaşma): Available in certain criminal cases.
6. Enforcement and Execution
Procedural law also covers how judgments are executed:
- Civil Enforcement (İcra Hukuku): Creditors may enforce judgments or debts through execution offices.
- Bankruptcy (İflas Hukuku): Regulates collective enforcement against insolvent debtors.
7. Constitutional and Human Rights Dimension
The right to legal remedies (hak arama özgürlüğü) is enshrined in the Constitution. Individuals may also lodge an individual application (bireysel başvuru) before the Constitutional Court if their fundamental rights are violated during proceedings.
Conclusion
The Turkish Procedural Law establishes the rules for fair, efficient, and effective justice in civil, criminal, and administrative matters. It defines how cases are brought, how evidence is presented, and how judgments are appealed and enforced.
For foreigners, procedural law is particularly important: it ensures the protection of rights in disputes with individuals, companies, or even the state. Whether filing a commercial lawsuit, defending against criminal charges, or appealing an administrative fine, Turkish Procedural Law guarantees access to justice under the rule of law.
Yanıt yok