HOW TO OBJECT TO THE ARREST?

Arrest is a precaution and can be applied by the court during the investigation and prosecution phase of the suspect. However, in order for the court to decide on the arrest of the suspect, the conditions numbered in the Criminal Procedure Code must be met.

These conditions, the existence of concrete facts that raise the suspicion of the suspect or the accused to flee or hide, are the actions of the suspect to obfuscate the evidence or to put pressure on the victim. However, in order for an arrest warrant to be issued, there must be formal conditions as well as material conditions. These conditions are the absence of a ban on detention, the absence of an obstacle to detention, the absence of an assurance document, the proportionality of the arrest with the crime charged on the accused, the decision of a judge or court. If the request for detention, which is left to the discretion of the judge or the court upon the request of the prosecutor’s office, is found appropriate and approved by the judge or the court, there is a way to appeal against this decision. The suspect may object to this decision within 7 days following the day of the arrest decision. The decision to arrest the suspect is made to the court that made this decision.

In a situation where the detained suspect objects to the detention and demands to be released, the most important thing is to avoid filing an objection petition to the pre-trial detention, which is prepared without legal technique and obtained from the internet. The petitions on the Internet or the petitions prepared by the petitioners are fixed and are insufficient to achieve the desired result. Having a good understanding of the nature, qualification and evidence situation of the offense charged to the detainee, making a situation assessment with technical legal knowledge, preparing an effective petition for objection to detention and achieving the desired result undoubtedly requires the support of a good criminal lawyer.

What is Family Housing?

Although family residence is not defined in our law, if it is necessary to make a definition based on the justification of the article and the relevant Supreme Court decisions; “A place where spouses do all their life activities, direct their lives accordingly, live in good and bad days, full of memories” “A place where spouses use for regular settlement and intensify their life activities” As can be seen, the common point in all definitions is the element of permanent living in a certain place. That’s why ‘cottage, farmhouse, chalet, timeshare’ etc. The spaces will not be considered as family residences. By family residence, it is meant a single residence in which the couple, who are married to a civil marriage, live permanently. Whether one or both of the spouses is the owner of this house or being a tenant will not be important in terms of acquiring the title of ‘family house’ for the said place.

Protection of Family Housing and Family Housing Commentary

One of the regulations in our law in order to protect the family residence due to its material and moral importance is to put an annotation on the family residence. The word meaning of the annotation is ‘to explain, to separate’, and as a legal term, it means ‘writing personal rights, transfer restrictions and temporary registration in the land registry’. With the family residence annotation, the spouse who is not the owner of the immovable used as a family residence will also have the will for the protection of the residence.

HOW TO MAKE GENDER CHANGE?
The path to be followed by a person who wants to change their gender is included in Article 40 of Law No. 4721. As explained in the aforementioned article, a person who wants to change his/her gender can request permission from the court to change his/her gender, either personally or by applying through a lawyer. However, in order for the permission to be granted, the applicant must have completed the age of eighteen and must not be married; In addition, it is obligatory to document that he is transsexual and that gender reassignment is inevitable in terms of mental health and that he is constantly deprived of reproductive ability, with an official health board report to be obtained from a training and research hospital.
If it is confirmed by the official health board report that a sex reassignment surgery has been performed in accordance with the purpose and medical methods, depending on the permission to be obtained, the court decides to make the necessary correction in the population record.
It is obvious that it will be important for citizens to follow up these cases through lawyers in order to follow up the case at these stages and to conclude quickly the second lawsuit that needs to be filed for changing the population registration after the sex reassignment surgery.

What is Work Accident Compensation Case?

Work accident compensation case; It is a lawsuit for pecuniary and non-pecuniary damages brought to him or his relatives by the responsible employer in case of injury or death of an employee working at the workplace of an employer.

Work accident compensation lawsuit can be filed against both the main employer and all subcontractors (subcontractors). For example, if X company subcontracted the electrical works of its construction to Y Company, and if Y company did some of the electrical works together with Z company; In the event that a worker of company Z dies as a result of a work accident, a lawsuit for pecuniary and non-pecuniary damage can be filed against all companies (Z, Y and Z) due to work accident, provided that it is paid severally and jointly.

What are the Conditions Counted as Work Accidents?

According to the 13th article of the Social Security Law No. 5510, the situations that are considered as work accidents and which can be sued for compensation are as follows:

Any bodily or mental injury suffered by the worker while he is at the employer’s workplace is considered a work accident. It does not matter how the worker was injured or died. If the incident that the worker is exposed to has occurred in the workplace, it is considered as a work accident and can be subject to a compensation lawsuit. For example, if a heart attack occurs at work, it is considered by the Supreme Court as an occupational accident for this reason only.
Due to the fact that the employee working for an employer is sent to another place outside the workplace as an employee, the acts that the employee is exposed to during the times spent without performing his/her main job are work accidents and can be subject to a compensation lawsuit.
If the employee works independently on his own behalf and account due to the work being carried out by the employer, any incident that occurs due to the work he is carrying out can be subject to a compensation lawsuit as a work accident.
Accidents that a breastfeeding female worker is exposed to during the times allocated to give milk to her child in accordance with the labor legislation are work accidents. For example, an employee who is injured by a chair falling from the upper balcony while breastfeeding his child can file a lawsuit against the employer for work accident compensation.
Any accident that occurs during the worker’s journey to and from the place of work with a vehicle provided by the employer is an occupational accident. In practice, such accidents are called traffic accidents.
In practice, the most frequently asked question by the workers is how long the work accident compensation case will take. Many issues such as whether the work accident is fatal or injured, the nature of the work accident between the worker and the employer, the rate of fault of the parties in the realization of the work accident, the wage of the worker, whether the disability rate in work accidents with injuries can be objected to determine how long the work accident compensation case will take. An average compensation case in Turkey is concluded in at least 1.5 – 2 years.

Time to File a Work Accident Compensation Case (Timeout)

The period of filing a claim for compensation due to a work accident, in other words, the statute of limitations; 10 years from the date of the occupational accident (BK art.146). There is no difference in terms of general statute of limitations between injury (disability) or death as a result of a work accident.

In particular, it should be noted that if a criminal case has been brought due to an occupational accident and the “litigation statute of limitations” period of the criminal case is longer, the statute of limitations for the criminal case is also applied in the compensation case due to the work accident. For example, in the event of the death of two workers working in the construction industry, a criminal case will be filed for the crime of causing death by negligence. In the event of negligently causing the death of two people, the statute of limitations for the criminal case is 15 years. The 15-year statute of limitations in the criminal case will also be applied in the compensation case due to work accident. However, if two people are injured by falling from the construction site, since the crime will be a crime of negligence and the statute of limitations for the criminal case will be 8 years, in this case, the 10-year general statute of limitations will be taken into account, not the statute of limitations for the criminal case.

Another point to be considered in terms of the statute of limitations; In cases of disability (injury) as a result of a work accident, when the disability rate cannot be determined precisely, when the statute of limitations will start to run. In the event that the disability increases due to a “developing situation”, the statute of limitations begins to run from the date of the last report in which the disability was definitively determined.

Competent Court in Work Accidents Compensation Cases

The labor courts authorized to deal with work accidents are determined as follows (Law No. 7036 on Labor Courts Art.6):

In occupational accidents, the court of general jurisdiction is the court of the domicile of the defendant real or legal person on the date of the lawsuit. If there is more than one defendant, the court of residence of one of them is also authorized.
The labor court of the place where the work accident or damage occurred is also authorized to deal with the cases for pecuniary and non-pecuniary damages arising from work accidents.
The labor court of the place of residence of the worker who has been disabled due to a work accident or, if death has occurred, of the plaintiff’s relatives, is also authorized.
Verbal authorization between the worker and the employer contrary to the above provisions.

The schemes are invalid.

Case of Detection of Work Accident

The occupational accident must be reported to the Social Security Institution by the employer. Upon the notification of the employer or the worker, SSI conducts an examination through the inspectors and prepares an investigation report that regulates whether the incident occurred is a work accident, the way the incident occurred, and the fault status of the parties. If the incident is described as a work accident in the examination report, the beneficiary may file a lawsuit for pecuniary and non-pecuniary damages in the labor court.

If the occupational accident has been reported to the Social Security Institution (SGK), but the incident has not been accepted as a work accident by the SGK, a “work accident detection case” must be filed in which both SGK and the employer will be shown as defendants. The dispute regarding the determination of the work accident is directly related to the right of the Social Security Institution, and the institution is not a party in the compensation case. For this reason, the case of determination of work accident is seen as an independent case from the compensation case. The period of filing a lawsuit for the detection of work accident is subject to a 10-year statute of limitations from the date of the work accident. The work accident compensation case should wait for the finalization of the work accident determination case, which is filed as a separate lawsuit.

After the work accident determination case is finalized in favor of the worker, resulting in the determination of the work accident, SGK pays a regular income to the worker in case of disability and to the rightful relatives of the deceased in case of death. A certain part of the tied income is deducted from the amount of compensation claimed in the compensation case.

If an action for compensation has been filed without notifying the occupational accident agency (SGK), the plaintiff should be given time to report the work accident claim to the Social Security Institution by the labor court. If the incident is not accepted as a work accident by the Institution, this time it will affect the Social Security Institution and the area of ​​rights, so the plaintiff should be given time to file a “detection case of work accident” in which the employer is a party. The outcome of this determination case to be opened should be awaited by the court hearing the compensation case, and a judgment should be made according to the result.

Ceza mahkemelerinde dava, Cumhuriyet başsavcılıklarınca iddianame düzenlenerek ile açılır. Ceza mahkemelerinde iddianame ile açılan davalarda, davayı açan Cumhuriyet savcısı topladığı deliller sonunda bir kişinin, bir suç işlediği iddiası yer alır. Ceza mahkemeleri, bu kişinin bu suçu işleyip işlemediğine ilişkin yargılama yaparlar.

Ceza mahkemelerinde herhangi bir kişi kendiliğinden dava açamaz. Kişi, şikayete tabi bir suçun mağduruysa ve şikayetçi ise bu durumda ilgili Cumhuriyet başsavcılığına başvurarak bir ceza soruşturması yapılmasını sağlar. Kişi eğer şikayete tabi olmayan bir suçun mağduruysa bununla alakalı şikayette bulunarak ilgili Cumhuriyet başsavcılığına başvurarak bir ceza soruşturmasına başlanılmasını sağlayabileceği gibi, şikayete tabi olmayan suçlarda herhangi bir kişinin suç duyurusunda bulunması, kolluk birimlerinin suça konu olaydan haberdar olmaları veya re’sen Cumhuriyet savcıları tarafından ceza soruşturmasına başlanabilir. Ceza hukukunda dava işte bu durumlar sonrası düzenlenecek iddianamenin ilgili mahkemece kabul edilmesi sonucu başlar. Ceza hukukunda dava sürecine aynı zamanda “kovuşturma aşaması” da denir.

Roughly speaking, it is called proxy to authorize a person who has reached the age of eighteen and who is in good mental health to do one or more works on your behalf. When someone is appointed as a proxy, a proxy relationship is formed between the proxy and the attorney.

According to our legislation, this proxy relationship must be established through a notary public in order for certain transactions to be carried out. Here, the official document that the notary public will issue on this subject is called a power of attorney.

According to the Attorneyship Law, only lawyers holding a license to act as a proxy before the judicial authorities are authorized to act on your behalf. In other words, anyone who does not practice the profession of attorneyship and does not have a license does not have the right and authority to represent you before the judicial authorities or to be a proxy for you.

When you want to give power of attorney to a lawyer legally, this is done by a notary public. A power of attorney is issued by the notary according to the type of transaction you will make.

When you decide to issue a power of attorney to a lawyer, you should go to a notary public and declare your will and have the following with you:

Republic of Turkey ID numbers of the lawyer or lawyers you will give power of attorney for

Identity card or passport,

Two photos if you’re giving power of attorney to file for divorce.

In addition, if the party issuing the power of attorney is the company, the signature circular and the authorization document must be submitted. If you use the phrase “in person by proxy” on behalf of the company in the proxies to be issued on behalf of the company, you will be giving a power of attorney both for your company and for yourself, and you will not have to deal with issuing a power of attorney again when necessary.

Turkish citizens or foreigners abroad They can issue a power of attorney at their consulate.

CIVIL COURT OF MAGIC

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT:

ADDRESS :

SUBJECT : It consists of our request for the elimination of partnership in inheritance.

DESCRIPTIONS :

1-) The testator died on … …, …/…/… and the inheritance was left to our client and his defendant brother … …. Our client is the daughter of the deceased.

2-) Due to the negative and malicious behavior of the defendant, problems arose in the division of inheritance and conflicts arose between the parties. This matter will be clarified by the statements of our witnesses, whose names and addresses are written in the witness list (Annex-2), if your court deems it appropriate. For this reason, it is demanded that among the goods in the estate, the distribution of those that can be divided exactly, and the distribution of those that are not possible, through sales.

3-) Due to the reasons explained above, it has become necessary to file a lawsuit for the distribution of the inheritance.

LEGAL REASONS :

LEGAL EVIDENCE: Family population registration sample, certificate of inheritance, discovery, witness statements.

CONCLUSION AND REQUEST: For the reasons we have explained above, we request by proxy that the inheritance be decided to be shared and that the trial expenses and attorney’s fee be charged to the defendant. …/…/…

APPENDIX 1. Family birth certificate and certificate of inheritance dated …/…/…

The names and addresses of the witnesses and the subjects they will testify
shows witness list,

One copy of certified power of attorney.

Plaintiff’s Attorney

Lawyer

TO THE CIVIL COURT OF MAGIC

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

ATTORNEY:

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANTS: 1-

2nd-

ADDRESS :

SUBJECT : Request for Elimination of Stakeholders in the Real Estate

consists of.

DESCRIPTIONS :

1- Our client, together with the defendants, has built a two-storey summer house on the immovable registered in the title deed in the subject of the lawsuit … City, … District, … District, … Island, … Layout, … parcel. (Appendix 1) There are also orange and grape orchards on the immovable, the area where our client built the building and other parts are used as if they were actually divided among the stakeholders. While the real estate has been used by all stakeholders without any problems for years, after the construction of the house was completed, other stakeholders started to cause problems in terms of use, and the continuation of the partnership became unbearable for our client.

2- The sharing of the immovable between the parties with the consent of the parties was not possible due to the unwillingness to pay the value of the building. However, the reinforced concrete building on the immovable has been built entirely with the expenditures of our client’s personal assets and his personal effort. (Appendix 2) On the other hand, there is an annotation in the title deed that the building belongs to our client (Appendix 3) and all stakeholders agree on this issue. (Appendix 4)

3- It has become necessary to apply to your court to ensure that the immovable is divided exactly, if possible, and if it is not, to decide on the dissolution of the partnership through sale, provided that the cost of the assets is left to the client.

LEGAL REASONS: 4721 S. K. m. 698, 699, 6100 S. K. m. 4, 12, 316

LEGAL EVIDENCE: Land registry dated …/ …/ …, dated …/ …/ …

bank loan agreement, invoice dated …/ …/ …

and five invoices dated …/ …/ …

CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request on behalf of our client that the partnership in the immovable property be resolved primarily through distribution, if it is not possible, through sale, provided that the value of the building is left to the client, and that the court costs and attorney’s fees be charged to the parties in proportion to their shares. …/ …/ …

Plaintiff’s Attorney

Lawyer

ATTACHMENTS: 1- Title deed registration dated …/ …/ …

2- Bank loan agreement dated …/ …/ …, invoice dated …/ …/ …

and 5 invoices dated …/ …/ …

3- Witness statement regarding the ownership of the real estate to our client

4- One copy of approved power of attorney