Age correction cases can be cited as examples of many legal problems, especially entry into military service, retirement, marriage, education, exams, receiving less punishment and entering civil service.Age correction cases can be cited as examples of many legal problems, especially entry into military service, retirement, marriage, education, exams, receiving less punishment and entering civil service.
Basic legislation in age correction cases There are procedural provisions regarding age correction in the Population Services Law No. 5490. 35 Of the Law on Population Services.according to the article:
“No record in the population registers can be corrected or annotations can be made that will change the meaning of the records and the information they contain, unless there is a final court decision. However, material errors made during the registration of events in the family registers are corrected by the population directorate in accordance with the supporting documento record in the population registers can be corrected or annotations can be made that will change the meaning of the records and the information they contain, unless there is a final court decision. However, material errors made during the registr“No record in the population registers can be corrected or annotations can be made that will change the meaning of the records and the information they contain, unless there is a final court decision. However, material errors made during the registration of events in the family registers are corrected by the population directorate in accordance with the supporting document.”
In accordance with the relevant provision, it should be stated that it is possible to correct records that appear incorrect, especially due to a material error, as a result of an application to the population directorates without filing a lawsuit.
Also, in the second paragraph of Article 218 of the Criminal Procedure Code No. 5271,
“If a problem is encountered in determining the age of the victim or defendant in terms of criminal provisions during the prosecution phase, the court resolves this problem according to the procedure determined in the relevant law and renders its verdict.“If a problem is encountered in determining the age of the victim or defendant in terms of criminal provisions during the prosecution phase, the court resolves this problem according to the procedure determined in the relevant law and renders its verdict.” according to the regulation, it is seen that the legislator has given a special authority to the criminal courts to correct the age during the prosecution phase.
WHEN CAN AGE CORRECTION CASES BE FILED?
If the person has been registered in the register from birth, these cases can be filed at any time and there is no statute of limitations.In addition, it is stipulated that these cases can be opened only once. The reason for this is that the real age of the person has been determined as a result of the lawsuit filed.If the person has been registered in the register from birth, these cases can be filed at any time and there is no statute of limitations.In addition, it is stipulated that these cases can be opened only once. The reason for this is that the real age of the person has been determined as a result of the lawsuit filed.
MATERIAL CONDITIONS TO BE SEARCHED IN AGE CORRECTION CASE
Although, as a rule, in cases related to name change, the plaintiff must put forward a justified reason, the legislator does not seek any reason for filing a lawsuit in age correction cases. However, strict conditions are still stipulated for the Court to decide on the age change.lthough, as a rule, in cases related to name change, the plaintiff must put forward a justified reason, the legislator does not seek any reason for filing a lawsuit in age correction cases. However, strict conditions are still stipulated for tough, as cases related to name change, the plaintiff must put forward a justified reason, the legislator does not seek any reason for filing a lawsuit in age correction cases. However, strict conditions are still stipulated for the Court to decide on the age change. Among these conditions are:
The person must not have been born in a hospital or maternity home. (The relevant institution records are final.)
The person’s appearance must not be consistent with the age registered in the population registry.
The person’s appearance should be consistent with the age they have declared.
If a person wants to increase his age, there should not be a sibling present at the declared age.
In order to reduce his age, he should not claim to the population that he was born on the date before writing.
The person should not have made age correction before.
The conditions are as mentioned and all of these conditions must be met. It can be said that the age difference between the plaintiff and her mother will also be taken into consideration by the court during the trial processhe conditions are as mentioned and all of these conditions must be met. It can be said that the age difference between the plaintiff and her mother will also be taken into consideration by the court during the trial process. Moreover, in some decisions of the Court of Cassation, it is stated that the age correction case filed after the age of 25 should be rejected because it will not be possible to determine the actual date of birth of the plaintiff with certainty.
Hospital – Birth Hospital Not Required: The person who wants to change their age must not have been born in any hospital or birth hospital. In fact, there is no official record of the birth of the person who meets this requirementospital – Birth Hospital Not Required: The person who wants to change their age must not have been born in any hospital or birth hospital. In fact, there is no official record of the birth of the person who meets this requirement. If there is an official document related to the birth or a record related to it, the court will decide to dismiss the case, which will depend on the data at its disposal. Birth records can be checked from the hospital archives or upon application to the population directorates.
Appearance Requirement (Physical Requirement): A person who wants to change their age must have a physical appearance that is appropriate for the age they declare. If the court determines that the physical appearance of the stated age does not exist, the declaration will not be taken into consideration and the case will be rejectedppearance Requirement (Physical Requirement): A person who wants to change their age must have a physical appearance that is appropriate for the age they declare. If the court determines that the physical appearance of the stated age does not exist, the declaration will not be taken into consideration and the case will be rejected. However, the fact that the age declared in the judicial application is different from 1-2 years may be considered sufficient for the realization of this condition.
Condition regarding the Brother: The presence of another brother at the age declared by the person is one of the cases that require the dismissal of the case. Because when the duration of the mother’s pregnancy is taken into account in the trial, it is decided to dismiss the case because the birth of two people in the same period is not in accordance with the rules of logic and the usual course of life.ondition regarding the Brother: The presence of another brother at the age declared by the person is one of the cases that require the dismissal of the case. Because when the duration of the mother’s pregnancy is taken into account in the trial, it is decided to dismiss the case because the birth of two people in the same period is not in accordance with the rules of logic and the usual course of life. In practice, if the plaintiff has a brother, Decertification requests that do not comply with the minimum 180-day period between the plaintiff and the date of birth of his brother may be rejected by the court.. If the twin brothers file a lawsuit, it will be possible to combine these cases.
Except for these mentioned conditions, in practice, the records found in the official institutions belonging to the plaintiff, (School initiation records, records of military service.) important functions can be performed at the conclusion of the trial.xcept for these mentioned conditions, in practice, the records found in the official institutions belonging to the plaintiff, (School initiation records, records of military service.) important functions can be performed at the conclusion of the trial. Because if the person’s starting school age is 7-8, it is not much of a problem, but if the declared age is equivalent to 3-4 years, it may be possible to dismiss the case based on the fact that “no one can start school at the age of 3”. It should also be noted that the plaintiff always has the right to request that the inaccuracy in his age be corrected by taking the official hospital birth records as a basis.
Application of Bone Radiology Technology in the Trial
During the age correction-change cases, the relevant court may request the determination of the plaintiff’s bone age. The determination of the person’s bone age is carried out through the Forensic Medicine Institution, and the court may make a decision on the request based on the bone age.uring the age correction-change cases, the relevant court may request the determination of the plaintiff’s bone age. The determination of the person’s bone age is carried out through the Forensic Medicine Institution, and the court may make a decision on the request based on the bone age. One of the issues that should not be overlooked is that the determination of bone age can be carried out until a person reaches the age of 25 at the latest. Because the possibility of age detection decreases considerably due to the fact that the bones do not develop after this age. It is beneficial to have the bone age determined before filing a lawsuit and to file a lawsuit according to the result.
JUDICIAL PROCESS IN AGE CORRECTION – CHANGEs beneficial to have the bone age determined before filing a lawsuit and to file a lawsuit according to the result.
JUDICIAL PROCESS IN AGE CORRECTION – CHANGE CASES
The It is beneficial to have the bone age determined before filing a lawsuit and to file a lawsuit according to the result.
JUDICIAL PROCESS IN AGE CORRECTION – CHANGE CASES
The trial proceeds in the following order.
Filing the case
The process of obtaining the person’s population records and investigating the information about siblings and parents.
Presence of the plaintiff at the hearing and examination of the external appearance
Requesting a “bone radiography” report on the need to be considered by the court.
Making a decision on the age change together with the statements of the witnesses and the available evidence in the file.
Writing a reasoned decision
Finalization of the court decisionMaking a decision on the age change together with the statements of the witnesses and the available evidence in the file.
Writing a reasoned decision
Finalization of the court decision
If only the year of birth is written in the plaintiff’s population register, if only the day is not written on the first day of July as a month, the decaking a decision on the age change together with the statements of the witnesses and the available evidence in the file.
Writing a reasoned decision
Finalization of the court decision
If only the year of birth is written in the plaintiff’s population register, if only the day is not written on the first day of July as a month, the decision will be made on the basis of the first day of that month.
If the person is an adult, he/she should file the age correction case, if not, his/her guardian or guardian should file it. In addition, the correction of the age may be provided upon the request of the public prosecutor to open a case.
One of the points that should be taken into consideration is that these statements are of great importance in proving the use of witnesses and the date of birth in the trial.It is important that the witnesses who will be heard during the trial testify clearly and in a way that does not give room for hesitation.ne of the points that should be taken into consideration is that these statements are of great importance in proving the use of witnesses and the date of birth in the trial.It is important that the witnesses who will be heard during the trial testify clearly and in a way that does not give room for hesitation. They must clearly declare the date of birth on the date of birth. In addition, it should be noted that in age correction-change cases, the case should be opened in an authorized and authorized court. The issue of determination of the competent and competent court in terms of age correction cases is 36 of the Population Services Law. It is regulated in Article:
The following procedures are followed in record corrections made by court decisionIt is regulated in Article:
The following procedures are followed in record corrections made by court decision:
a) Cases for correction of population records are filed by the public prosecutors at the civil court of first instance in the place where the settlement address is located, upon the request of the relevant official department and the persons who request the correction. Cases for correction of records are heard and decided by the population director or the population officer he/she will appoint.
These cases will be filed primarily in the Civil Court of First Instance at the person’s place of residence. In this case, the population directorate at the plaintiff’s place of residence should be shown as the defendanthese cases will be filed primarily in the Civil Court of First Instance at the person’s place of residence. In this case, the population directorate at the plaintiff’s place of residence should be shown as the defendant. If a lawsuit is filed in an unauthorized or unauthorized court, the case will be dismissed, which may lead to financial burden and loss of time for the plaintiff. Because in the case of changing the age, the court takes into account the issue of jurisdiction by itself.
If an age correction case is filed while there is an ongoing criminal prosecution against the plaintiff, this case should be rejected on the grounds of lack of jurisdiction. Because determining the real ages of the defendant or the victim has a special importance in terms of criminal procedure lawf an age correction case is filed while there is an ongoing criminal prosecution against the plaintiff, this case should be rejected on the grounds of lack of jurisdiction. Because determining the real ages of the defendant or the victim has a special importance in terms of criminal procedure law. The decision on the determination (outside the investigation stage) will be made by the criminal court conducting the prosecution.
Although there is no obligation to be represented by a lawyer in age correction cases, it would be the right decision for the plaintiff to conduct the case with a lawyer in order to ensure that the trial continues in a fast and effective manner and that the procedural procedures are carried out correctly in an age correction case.lthough there is no obligation to be represented by a lawyer in age correction cases, it would be the right decision for the plaintiff to conduct the case with a lawyer in order to ensure that the trial continues in a fast and effective manner and that the procedural procedures are carried out correctly in an age correction case. In addition, requests for age correction are mainly included in the category of rights strictly related to the person, and if the cases are heard through a lawyer, there must necessarily be special authority in the attorney’s power of attorney related to this issue. If a lawsuit is filed with a general power of attorney, the court will give the plaintiff a period of time to rectify this deficiency.
Period of Judgment lawsuit is filed with a general power of attorney, the court will give the plaintiff a period of time to rectify this deficiency.
Period of Judgment
The prf a lawsuit is filed with a general power of attorney, the court will give the plaintiff a period of time to rectify thiciency.
Period of Judgment
The process in age correction-change cases proceeds in this way, and in practice, the trial period may vary between 2-7 months depend
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