within the crime theory adopted by the new Turkish Penal Code No. 5237, there are a number of regulations under the name of personal reasons that reduce the penalty. Crime is embodied by the verb formed by the trio of movement, sequel and illusory Decoupling coming together.ithin the crime theory adopted by the new Turkish Penal Code No. 5237, there are a number of regulations under the name of personal reasons that reduce the penalty. Crime is embodied by the verb formed by the trio of movement, sequel and illusory Decoupling coming together. Movement is the main activity that constitutes a crime, and when this movement results in a result, the elements of the crime are formed spontaneously. However, it is essential in this regard that a link of illusion can be established between the movement and the Decoupling caused by the movement. As a matter of fact, if the necessary illusory connection has not been established, it will be obvious that the situation that constitutes the result is not caused by the movement in question. In this case, we can also say that the act did not cause the result, so the crime did not occur.As a matter of fact, if the necessary illusory connection has not been established, it will be obvious that the situation that constitutes the result is not caused by the movement in question. In this case, we can also say that the act did not cause the result, so the crime did not occur.

With the realization of the result, the crime is completed. Of course, these assumptions will be considered under the condition that the act in question is regulated exactly as a type of crime in the Turkish Criminal Code. This is also a requirement of the element of typicality.

Effective remorse is an arrangement that eliminates the punishment or is one of the personal reasons that require a reduction in the punishment. Dec. TCK 168. as it is regulated in the article, it is not an applicable provision for every type of crime.ffective remorse is an arrangement that eliminates the punishment or is one of the personal reasons that require a reduction in the punishment. Dec. TCK 168. as it is regulated in the article, it is not an applicable provision for every type of crime. However, effective repentance provisions can be applied to a limited number of crime types that are specifically stated in the law. These crimes are; crime of deprivation of liberty (TCK 110), crimes committed against property (TCK 168), manufacture of drugs or stimulants, purchase for trade or use, possession (TCK 192), organization for the purpose of committing a crime (TCK 221), embezzlement (TCK 248), bribery (TCK 254), slander (TCK 269), perjury (TCK 274).eprivation of liberty (TCK 110), crimes committed against property (TCK 168), manufacture of drugs or stimulants, purchase for trade or use, possession (TCK 192), organization for the purpose of committing a crime (TCK 221), embezzlement (TCK 248), bribery (TCK 254), slander (TCK 269), perjury (TCK 274).

Under What Conditions Does Effective Repentance Occur?
Based on the completion of the crime, there should be a provision for effective remorse in the crime within the scope of the TCK. Another personal reason that removes or reduces the penalty is voluntary renunciation. What makes effective remorse provisions different from voluntary renunciation provisions is that the crime has been completed.ased on the completion of the crime, there should be a provision for effective remorse in the crime within the scope of the TCK. Another personal reason that removes or reduces the penalty is voluntary renunciation. What makes effective remorse provisions different from voluntary renunciation provisions is that the crime has been completed. Effective remorse provisions will not find scope for application while the crime has not yet been completed.

Subsequently, the perpetrator or the person / persons participating in the crime must personally make restitution or compensation for the damage by showing remorse. This situation comes from the fact that there is a personal reason that removes or reduces the punishment.ubsequently, the perpetrator or the person / persons participating in the crime must personally make restitution or compensation for the damage by showing remorse. This situation comes from the fact that there is a personal reason that removes or reduces the punishment. As a result of one of the perpetrators showing effective remorse for jointly committed crimes and compensation for the damage caused, other sheriks who participate in the crime will not be able to benefit from this situation. Even though the perpetrators committed the crime jointly, the effective remorse mechanism works on a personal principle.

In case of partial compensation for the damage, the consent of the victim is sought first of all in order for effective regret provisions to be applied. In this case, since the victimization in question has not yet been resolved, the effective regret mechanism will not be able to work without consent.

Another important issue is related to when effective regret is involved. In this case, the effective remorse shown before the start of the prosecution and the effective remorse shown during the prosecution are of great importance in terms of criminal discount.nother important issue is related to when effective regret is involved. In this case, the effective remorse shown before the start of the prosecution and the effective remorse shown during the prosecution are of great importance in terms of criminal discount. If effective remorse is shown after the start of the prosecution and but before the sentencing, the penalty to be imposed is reduced by up to half. In case of effective remorse, the judge may make a reduction in the penalty at the rate determined in the article. In this regard, the judge has been granted discretion according to the sincerity of the effective regret and the amount of compensation for the damage. With this provision, the way has been opened for a certain reduction in the penalty in the event of a looting crime involving a special arrangement.

The law provides that for the crimes of theft, property damage, abuse of trust, fraud, fraudulent bankruptcy, installment bankruptcy, gratuitous exploitation and misuse of debit /credit cards, if the refund or compensation was made exactly before the start of the prosecution, the penalty should be reduced up to 2/3, and if it is made after the start of the prosecution and but before the sentencing, the penalty should be reduced up to 1/2.

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The HAGB refers to the postponement of the announcement of the judgment by the court and the failure to disclose it at the end of the audit process. Postponement of the sentence, on the other hand, means that the court issues a verdict of conviction, and its execution is carried out through the audit process, and it is considered finished with the completion of the term.he HAGB refers to the postponement of the announcement of the judgment by the court and the failure to disclose it at the end of the audit process. Postponement of the sentence, on the other hand, means that the court issues a verdict of conviction, and its execution is carried out through the audit process, and it is considered finished with the completion of the term. Postponement of the sentence and postponement of the execution of the prison sentence are confused in practice as a concept.

If the defendant passes the audit process smoothly with the decision of the HAGB, the provision, the disclosure of which has been delayed, will not be disclosed. The decision of the HAGB does not have any reflection on the criminal record of the accused. Because the decisions of the HAGB are recorded in a separate register, except for the judicial register.f the defendant passes the audit process smoothly with the decision of the HAGB, the provision, the disclosure of which has been delayed, will not be disclosed. The decision of the HAGB does not have any reflection on the criminal record of the accused. Because the decisions of the HAGB are recorded in a separate register, except for the judicial register. However, in cases where the decision to postpone the sentence is made, the convict shall have executed the deferred sentence outside the execution institution at the end of the prescribed supervision period, and the sentence given to this postponement shall be reflected in the judicial record.

The cases to be decided by the HAGB are imprisonment for a term of 2 years or less or judicial fines, but the postponement of the sentence will only be in question for imprisonment for a term of 2 years or less.The cases to be decided by the HAGB are imprisonment for a term of 2 years or less or judicial fines, but the postponement of the sentence will only be in question for imprisonment for a term of 2 years or less.

In order for a HAGB decision to be made, a final conviction decision must not have been made against the accused for a deliberate crime before, but the law provides that the accused should not have been sentenced to more than 3 months in prison previously for a deliberate crime at the institution of postponement of punishment.

The decision of the HAGB cannot be made without the request and approval of the accused, but the approval of the convicted person does not need to be obtained in order for a decision to be postponed.The decision of the HAGB cannot be made without the request and approval of the accused, but the approval of the convicted person does not need to be obtained in order for a decision to be postponed.

If the dates of crime are after the finalization of the HAGB decision, it is not possible to make a The decision of the HAGB cannot be made without the request and approval of the accused, but the approval of the convicted person does not need to be obtained in order for a decision to be postponed.

If the dates of crime are after the finalization of the HAGB decision, it is not possible to make a HAGB decision again about a person for whom a HAGB decision has been made. In cases where a decision to postpone may be made, it does not matter whether a postponement has been previously decided or not.

Is it in Favor of Postponing the Sentence or HAGB?
As it can be seen, the HAGB is more in favor of the defendant compared to the institution of postponement of punishment in terms of registration status and disclosure of the verdict.s it can be seen, the HAGB is more in favor of the defendant compared to the institution of postponement of punishment in terms of registration status and disclosure of the verdict. For this reason, if the conditions are favorable in the decisions to post

 

 

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THE DECISION OF THE SUPREME COURT IS AT THE LINK yuksekMahkemeDetayTHHE DECISION OF THE SUPREME COURT IS AT THE LINK yuksekMahkemeDetay

T.C. SupremTHE DECISION OF THE SUPRTHE DECISION OF THE SUPREME COURT IS AT THE LINK yuksekMahkemeDetay

T.C. Supreme Court

1.Criminal Department
Based on: 2016/424
The Verdict: 2017/684
Decision Date: 7.03.2017

SUMMARY: It is against the law that the defendant committed the crime of intentionally killing the victim by insulting the victim and accepting that he committed it under the influence of unfair provocation caused by mutual profanity, and instead of being given a minimum discount from his sentence in accordance with the unfair provocation provisions, it is ruled that there is no place for the application of unfair provocation provisions as a result of a mistaken assessment, and the provision should be overturned.

(5237 P.525237 P. K. m. 29, 53, 62, 81) (ANY. MAH. 08.10.2015 The collected evidence was examined at the place of decision, the defendant’s guilt of intentionally killing the victim was accepted, the criminal nature was determined in accordance with the occurrence and the results of the investigation, the lack of a reason to reduce the sentence was appreciated, his defense was rejected on convincing grounds, since there was no failure other than the reasons for overturning the sentence given according to the examined file, the defendant’s defense was subjected to incomplete examination, TCK 62.lected evidence was examined at the place of decision, the defendant’s guilt of intentionally killing the victim was accepted, the crimiAccording to the occurrence and acceptance, it is understood that the victim invited the defendant to his house to buy alcohol, sent the defendant to the grocery store to buy potatoes and onions, an argument broke out between them because the defendant took it as a Decoy, and they swore at each other in the resulting argument, and this was confirmed by the witness …,

The court accepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult and mutual swearing, and reduced his sentence in accordance with Article 29 of the Turkish Penal Code.The court accepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult The court accepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult and mutual sweccepted that the defendant … committed the crime of intentional killing of the victim … under the influence of the unlawful provocation arising from the victim’s insult and mutual swearing, and reduced his sentence in accordance with Article 29 of the Turkish Penal Code. instead of making a minimum discount in accordance with the article, it is decided that there is no place for the application of this article as a result of an erroneous assessment,

53 of the Turkish Penal Code numbered 5237 with the decision of the Constitutional Court dated 08.10.2015, dated 2014/140 and numbered 2015/85 published in the Official Gazette dated 24.11.2015. There is a necessity to re-evaluate the legal situation of the defendant in line with the canceled sections of the article.

Since it is contrary to the law and the defendant’s defense’s appeals were considered on the spot in this respect, it was decided unanimously on 07.03.2017 to OVERTURN the verdict in accordance with the thought in the communiqué, to reject the defendant’s request for release, taking into account the amount of sentences imposed and the time spent in detention other than the appeal revie

 

 

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Spouses have certain responsibilities and obligations to each other during the marriage from the day the marriage union begins. Every spouse has to be faithful to his/her spouse during the marriage union and to behave faithfully to his/her spouse. Loyalty is one of the most important obligations imposed by the marriage union.pouses have certain responsibilities and obligations to each other during the marriage from the day the marriage union begins. Every spouse has to be faithful to his/her spouse during the marriage union and to behave faithfully to his/her spouse. Loyalty is one of the most important obligations imposed by the marriage union. The obligation of fidelity will end only with the termination of the marriage union. The marriage union, on the other hand, ends in two ways, in the event of death and officially with the realization of divorce.

Another Relationship After the Divorce Was Filed
Until the decision of the divorce case is finalized, the spouses must fulfill their marital obligations to each other. Because until the decision is finalized, the spouses are still married and the obligations of the marital union continue. Not only obligations, but rights also remain.ntil the decision of the divorce case is finalized, the spouses must fulfill their marital obligations to each other. Because until the decision is finalized, the spouses are still married and the obligations of the marital union continue. Not only obligations, but rights also remain. For example, the title of the spouse’s inheritance in case of death before the divorce case is finalized. (Only if the conditions of the heirs have been established, it may be possible for him to continue the case.)

although the spouses have requested their divorce during the process, their marital obligations will continue until their divorce is decided. With the finalization of the divorce decision, the fidelity obligation of the spouses will also disappear. 185 Of the Turkish Civil Code.pouses have requested their divorce during the process, their marital obligations will continue until their divorce is decided. With the finalization of the divorce decision, the fidelity obligation of the spouses will also disappear. 185 Of the Turkish Civil Code. According to article ‘ the spouses are obliged to live together, help each other and remain faithful. The fact that there is an ongoing divorce case between the spouses does not mean that the parties’ loyalty obligations to each other have ended,” Decrees stated that the parties should remain faithful to each other while the divorce proceedings are ongoing.The fact that there is an ongoing divorce case between the spouses does not mean that the parties’ loyalty obligations to each other have ended,” Decrees stated that the parties should remain faithful to each other while the divorce proceedings are ongoing.The divorce decision becomes final if the parties do not file an appeal / appeal, or when the appeal / appeal is filed and the file is returned from the superior court and all procedural procedures are completed. ‘If infidelity occurs between spouses while the divorce proceedings are ongoing, or if they act in accordance with the loyalty obligation, their responsibilities will arise, and when determining the defect rates in the divorce case by combining them with the opening of a separate lawsuit, Deceptive consideration will be given.‘If infidelity occurs between spouses while the divorce proceedings are ongoing, or if they act in accordance with the loyalty obligation, their responsibilities will arise, and when determining the defect rates in the divorce case by combining them with the opening of a separate lawsuit, Deceptive consideration will be given.

What Happens If There is Infidelity After the Divorce Is Filed ?
The case is ruled on the subject of the case, which is filed in accordance with the procedural rules. Subsequent reasons cannot be the subject of an ongoingThe case is ruled on the subject of the case, which is filed in accordance with the procedural rules. Subsequent reasons cannot be the subject of an ongoing case. HMK Art.141/1 also states that ” the parties may freely extend or modify their claims orhe case is ruled on the subject of the case, which is filed in accordance with the procedural rules. Subsequent reasons cannot be the subject of an ongoing case. HMK Art.141/1 also states that ” the parties may freely extend or modify their claims or defenses with the answer to the answer and the second response petitions; if it is at the preliminary examination stage, only with the express consent of the other party. if one of the parties does not come to the preliminary examination hearing without excuse, the incoming party may extend or modify the claim or defense without seeking his consent. after the completion of the preliminary examination phase, the claim or defense cannot be expanded or changed. ” it is clearly stipulated in the provision in which the claim subject to the lawsuit can be expanded and in which it cannot be expanded in the litigation processafter the completion of the preliminary examination phase, the claim or defense cannot be expanded or changed. ” it is clearly stipulated in the provision in which the claim subject to the lawsuit can be expanded and in which it cannot be expanded in the litigation process

What Should Be Done in Cheating After Divorce Proceedings Are Filed?
As a rule, only the events reported in the petition determine the scope of the case and the court can only examine and evaluate these events.s a rule, only the events reported in the petition determine the scope of the case and the court can only examine and evaluate these events. It is not possible to evaluate a material fact that occurred after the date of the case and to base it on the judgment, if the response petition is filed, the response may be put forward in the response petition, and in the preliminary examination hearing, a new case may be put forward in the absence or with the consent of the defendant.

According to this rule, if the stages we have mentioned have passed, the plaintiff or defendant cannot add it to the case while the case is ongoing, if a new incident has occurred and evidence has been formed, they cannot submit it as additional evidence, newly occurring events can only be the subject of a new case after this stage. Oct.ccording to this rule, if the stages we have mentioned have passed, the plaintiff or defendant cannot add it to the case while the case is ongoing, if a new incident has occurred and evidence has been formed, they cannot submit it as additional evidence, newly occurring events can only be the subject of a new case after this stage. Oct. If the parties have filed a lawsuit for a reason other than infidelity and infidelity has occurred while that case is ongoing, this does not affect the ongoing divorce case, it cannot be added as evidence. In this case, if the parties find out that cheating has taken place during the divorce process, they can file a new divorce case and request that the cases be merged. Only in this way can the new case, the cause of the case and the evidence be brought forward during the divorce process.his case, if the parties find out that cheating has taken place during the divorce process, they can file a new divorce case and request that the cases be merged.

 

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TO THE PRESIDENCY OF THE ISTANBUL COURT OF FIRST INSTANCE LAW COURT

Case Number: 2015/142

Subject: It consists of presenting my excuse regarding testifying. PRESIDENCY OF THE ISTANBUL COURT OF FIRST INSTANCE LAW COURT

Case Number: 2015/142

Subject: It consists of presenting my excuse regarding testifying.

I was called as a witnO THE PRESIDENCY OF THE ISTANBUL COURT OF FIRST INSTANCE LAW COURT

Case Number: 2015/142

Subject: It consists of presenting my excuse regarding testifying.

I was called as a witness by your court for the case whose main number I have stated above. Due to my health problems, I will have surgery at Okmeydanı State Hospital on the trial date, 25/08/2015. For this reason, it is not possible for me to be present before the court on the day and time of the hearing where I am called as a witness. With the acceptance of my alibi, I request that my witness statement be taken on the next hearing day.

Oct:

Hospital letter stating that I will have surgery on the day of the hearing.

If you have any other evidence or attachments, please state them hereHospital letter stating that I will have surgery on the day of the hearing.

If yoHospital letter stat

 

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OBJECTION TO PRISON DISCIPLINARY PUNISHMENT

……………………………TO THE ON-DUTYOBJECTION TO PRISON DISCIPLINARY PUNISHMENT

……………………………TO THE ON-DUTY COURT OF JUDGMENT

TO DISCIPLINARY PUNISHMENTS
OBJECTOR : Name and OBJECTION TO PRISON DISCIPLINARY PUNISHMENT

……………………………TO THE ON-DUTY COURT OF JUDGMENT

TO DISCIPLINARY PUNISHMENTS
OBJECTOR : Name and Surname…………… T.C………………… ( He is currently uOBJECTION TO PRISON DISCIPLINARY PUNISHMENT

……………………………TO THE ON-DUTY COURT OF JUDBJECTION TO PRISON DISCIPLINARY PUNISHMENT

…………………………BJECTION TO PRISON DISCIPLINARY PUNISHMENT

……………………………TO THE ON-DUTY COURT OF JUDGMENT

TO DISCIPLINARY PUNISHMENTS
OBJECTOR : Name and Surname…………… T.C………………… ( He is currently under arrest in a closed prison)

DEFENSE : Av. ……………….

SUBJECT : Request for the cancellation / postponement / postponement of disciplinary penalties imposed on the accused client

descriptions :

…………………Prosecutor General’s Office investigation no: 20……../In the …………. file, the suspect is and ……………. the Criminal Court of First Instance 20…../……. The defendant in the main file is …………………… currently …………….. He is in prison in a Closed Prison.

The client had undergone psychological treatment for months before his arrest and his treatments are still ongoing. As a matter of fact, as will be seen when the criminal and prosecutor’s investigation file opened against him is examined; client, F32.3.he client had undergone psychological treatment for months before his arrest and his treatments are still ongoing. As a matter of fact, as will be seen when the criminal and prosecutor’s investigation file opened against him is examined; client, F32.3. ihe client had undergone psychological treatment for months before his arrest and his treatments are still ongoing. As a matter of fact, as will be seen when the criminal and prosecutor’s investigation file opened against him is examined; client, F32.3. it is clear that he has been treated with the diagnosis of severe depressive seizures with psychotic symptoms defined as and that he has no criminal capacity. The diagnosis and treatment of all the doctors during the treatment process confirm each other. It confirms our opinion in the scientific opinions regarding the interpretation of all treatment documents and reports both from the point of view of Forensic Medicine and Criminal Law. There have also been suicide attempts in the past and he has been hospitalized and treated many times due to his dangerousness.

As the Honorable Court is also aware, we are not facing a criminal but a patient. Moreover, it must be stated repeatedly that the client’s illness (is a mental and psychological disorder) is dangerous for himself and his surroundings due to its severitys the Honorable Court is also aware, we are not facing a criminal but a patient. Moreover, it must be stated repeatedly that the client’s illness (is a mental and psychological disorder) is dangerous for himself and his surroundings due to its severity. Which is also understood from the disciplinary investigations he has undergone with the difficulties he suffered about compliance during his stay in prison. In this context, it is unacceptable that he is subjected to disciplinary punishment for every incident he is involved in against his will and expecting to be involved in a new incident every day without treatment in prison conditions, while he should continue his treatment first.

Therefore, minutes were constantly prepared for the client, who did not have the ability to understand and comprehend the law, without the knowledge of his attorneys or even his family, and disciplinary penalties such as a ban on communication were imposed on him. His family could only become aware of this situation when the client was not allowed to go to the meetingherefore, minutes were constantly prepared for the client, who did not have the ability to understand and comprehend the law, without the knowledge of his attorneys or even his family, and disciplinary penalties such as a ban on communication were imposed on him. His family could only become aware of this situation when the client was not allowed to go to the meeting. For these reasons and due to the client’s illness, we object to all disciplinary actions that he took during his detention without the knowledge of his lawyer and his family, as well as to the belief that he could not adequately defend himself.

Article 3 of the Law on the Execution of Penalties and Security Measuresrticle 3 of the Law on the Execution of Penalties and Security Measures Article “The main goal to be achieved by the execution of criminal and security measures is primarily to provide general and specific prevention, to strengthen the factors preventing the convict from reoffending for this purpose, to protect society against crime, to encourage the re-socialization of the convict, to facilitate the adaptation to a productive and rArticle 3 of the Law on the Execution of Penalties and Security Measures Article “The main goal to be achieved by the execution of criminal and security measures is primarily to provide general and specific prevention, to strengthen the factors preventing the convict from reoffending for this purpose, to protect society against crime, to encourage the re-socialization of the convict, to facilitate the adaptation to a productive and responsible way of life that respects laws, regulations and social rules.” he explained the main purpose of the execution by saying. However, the client has been mentally and psychologically traumatized during his stay in the prison. On top of that, his family was also punished with disciplinary penalties such as a ban on sight appliedoowever, the client has been mentally and psychologically traumatized during his stay in the prison. On top of that, his family was also punished with disciplinary penalties such as a ban on sight applied. . According to the principle of personality of criminal conviction, the presence of the detainee in prison should not have a restrictive legal effect on the fundamentowever, the client has been mentally and psychologically traumatized during his stay in the prison. On top of that, his family was also punished with disciplinary penalties such as a ban on sight applied. . According to the principle of personality of criminal conviction, the presence of the detainee in prison should not have a restrictive legal effect on the fundamental rights of the family and relatives. The contested penalties limit not only the client’s right to establish and maintain a direct relationship with the parents, siblings, but also the rights of the client. To put it more clearly, the rule punishes the client’s parents and siblings.

Except for our statements above, ……………… Our application to the Chief Public Prosecutor’s Office for the detection and treatment of the disease of the client detained in the Closed Penal Institution and the assessment of the impact of this disease on criminal competence has been accepted and Istanbul Forensic Medicine …/…/…… an appointment has been made for the date.xcept for our statements above, ……………… Our application to the Chief Public Prosecutor’s Office for the detection and of the disease of the client detained in the Closed Penal Institution and the assessment of the impact of this disease on criminal competence has been accepted and Istanbul Forensic Medicine …/…/…… an appointment has been made for the date. For these reasons, until the referral to the hospital is provided and in accordance with the above explanations, organized ;

1- Removal/cancellation of disciplinary sanctions due to the failure to inform his lawyers and family and the inability of the client to adequately defend himself,

2- Since the client cannot endure disciplinary penalties due to Law No. 5275, there has been a necessity to request that the execution of the penalty be postponed or that it be executed at intervals determined by the physician.

PROOF:- Since the client cannot endure disciplinary penalties due – Since the client cannot endure disciplinary penalties due to Law No. 5275, there has been a necessity to request that the execution of the penalty be postponed or that it be executed at intervals determined by the physician.

PROOF: ………….. Chief Public Prosecutor’s Office 20……/………,……….Criminal Court 20…../……………, Hospital Reports

CONCLUSION AND REQUEST: For the reasons described above and to be seen ex officio; The reasons and the penalty and the investigation file, we respectfully request that the disciplinary penalties imposed in violation of the procedure and the law be removed, and if the court believes otherwise, we respectfully request that a decision be made to postpone/postpone.REQUEST: For the reasons describenC

 

 

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What is the Expert Report?
If experts in their field make a report, the reports in which they reveal all the information and opinions they have knowledge of are called expert reports. In court cases, when the technical knowledge is insufficient for the parties to defend themselves and prove themselves, these are all the reports that they want to be prepared by applying to experts.f experts in their field make a report, the reports in which they reveal all the information and opinions they have knowledge of are called expert reports. In court cases, when the technical knowledge is insufficient for the parties to defend themselves and prove themselves, these are all the reports that they want to be prepared by applying to experts. Nowadays, these expert reports prepared by experts are considered as evidence for the cases. This method is needed in some court cases where technical and specific knowledge is insufficient.

EXAMPLE OF AN OBJECTION PETITION TO AN EXPERT REPORT
… TO THE JUDGE OF THE CIVIL COURT;

FILE NO. : …/… E.PLE OF AN OBJECTION PETITION TO AN EXPERT REPORT
… TO THE JUDGE OF THE CIVI OF AN OBJECTION PETITION TO AN EXPERT REPORT
… TO THE JUDGE OF THE CIVIL COURT;

FILE NO. : …/… E.

THE OBJECTOR

THE DEFENDANT XAMPLE OF AN OBJECTION PETITION TO AN EXPERT REPORT
… TO THE JUDGE OF THE CIVIL COURT;

FILE NO. : …/… E.

THE OBJECTOR

THE DEFENDANT :

TC ID NUMBER :

address :

attorney :

(If any, the legal representatives of the parties)

address :

(If any, the legal representatives of the parties)

prosecutor :

ADDRESS :

attorney :

address :

(If any, the legal representatives of the parties)

SUBJECT : It includes our objections against the expert report.address :

(If any, the legal representatives of the parties)

SUBJECT : It includes our objections against the expert report.

descriptions :

1-) Our objections to the expert report dated …/…/… issued and submitted to the file in relation to the case file registered by your court on the basis stated above are as follows:

2-) As it will be remembered, this case was filed by the plaintiff party in order to collect from our client the payment made to the insured due to the workplace insurance policy that includes coverage for internal water damage.-) As it will be remembered, this case was filed by the plaintiff party in order to collect from our -) As it will be remembered, this case was filed by the plaintiff party in order to collect from our client the payment made to the insured due to the workplace insurance policy that includes coverage for internal water damage. Our client is held responsible for causing damage in his capacity as a tenant and due to his own use.

3-) In the said expert report, only the fact that the damage occurred was confirmed, the damage caused by the damage was satisfied with making a calculation in a material sense, taking into account market fair values.

4-) However, the hose that ruptures over time and causes damage to occur is a fixed production in the building and is a value of the building. Moreover, it is made of cheap material and is not placed in accordance with the technical data.-) However, the hose that ruptures over time and causes damage to occur is a fixed production in the building and is a value of the building. Moreover, it is made of cheap material and is not placed in accordance with the technical data. Although these issues were also highlighted in our reply petition dated …/…/…, there are no determinations and observations related to these issues in the said expert report. So much so that when the accuracy of our claim is fixed, 58 of the law No. 818. according to the article, “the owner of a building or anything manufactured will be liable for the bad construction of that thing or for defects in its preservation”, there will be no mention of the responsibility of our client.according to the article, “the owner of a building or anything manufactured will be liable for the bad construction of thccccording to the article, “the owner of a building or anything manufactured will be liable for the bad construction of that thing or for defects in its preservation”, there will be no mention of the responsibility of our client.

5-) For the reasons we have tried to explain above, we object to the expert report in question.

LEGAL REASONS: 6100 S. K. m. 281.

CONCLUSION AND REQUEST: For the reasons we have tried to explain above, I request by proxy that upon acceptance of our objections to the expert report dated /…/…, it be decided to have an expert examination again, including the issues we have stated in our objections.QUEST: F

 

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Judicial Holiday

Law No.: 6100
The Civil Procedure Code (HMK) (YUR. TARJudicial Holiday

Law No.: 610Juudiciudicial Holiday

Law No.: 6100
ThJudicial Holiday

Law100
The Civil Procedure Code (HMK) (YUR. TAR.: 01.10.2011)

AJudicial Holiday

Law No.: 6100
The Civil Procedure Code (HMK) (YUR. TAR.: 01.10.2011)

Acceptance Date: 12.01.2011
R.G. Date: 04.02.2011
R.G. No: 27836

Judicial holiday period

ARTICLE 102 – (REVliday

Law No.: 6100
The Civil Procedure Code (HMK) (YUR. TAR.: 01.10.2011)

Acceptance Date: 12.01.2011
R.G. Date: 04.02.2011
R.G. No: 27836

Judicial holiday period

ARTICLE 102 – (REVISED ARTICLE RGT: 07.07.2013 RG NO: 28700 LAW NO: 6494/30) (CODE 2) (CODE 1)
August July judicial holiday (1) Judicial holiday starts on July twenty and ends on August thirty-one every year. The new judicial year begins on a September.

Cases and works to be seen on judicial holiday

ARTICLE 103 – (1) The following cases and deeds are seen only during the judicial holiday:

a) Making decisions about temporary legal protection, such as injunction, precautionary seizure and determination of evidence, receipt of marine reports and appointment of a dispatcher, as well as appeals and other applications to be made against them.
2.) Making decisions about temporary legal protection, such as injunction, precautionary seizure and determination of evidence, receipt of marine reports and appoint) Making decisions about temporary legal protection, such as injunction, precautionary seizure and determination of evidence, receipt of marine reports and appointment of a dispatcher, as well as appeals and other applications to be made against them.
2. b) All kinds of alimony cases, as well as cases or affairs related to robbery, custody and guardianship

3.c) Correction of population records affairs and cases.

ç) Lawsuits filed by employees due to a service agreement or employment contract.

d) Requests for issuing a loss certificate due to the loss of commercial books and cancellation transactions arising from the loss of negotiable instruments.
e) Bankruptcy and concordat, as well as works and lawsuits related to the restructuring of capital companies and cooperatives by settlement.
f) Discoveries decided to be made during judicial vacation.) Bankruptcy and concordat, as well as works and lawsuits related to the restructuring of capital companies and cooperatives by settlement.
f) Discoverie) Bankruptcy and concordat, as well as works and lawsuits related to the restructuring of capital companies and cooperatives by settlement.
f) Discoveries decided to be made during judicial vacation.
g) According to the arbitration provisions, the cases and transactions that fall within the scope of the court’s duty.
g) Non-contentious judicial affairs.

h) Cases and proceedings stated to be urgent in the laws or decided to be considered urgent by the court at the request of one of the parties.
(2) In case of agreement of the parties or if the case is being heard in the absence of a party, upon the request of the party who is present, the consideration of the above-mentioned cases and cases may be postponed until after the judicial holiday.

(3) During the judicial holiday, the proceedings, counterclaims, appeals and appeals petitions filed in connection with cases and affairs other than those shown in the above paragraphs, as well as response petitions filed against them and renewal petitions for cases whose files have been removed from processing, issuing a decision, all kinds of notifications, sending the file to another court, district court or Supreme Court are also conducted.uring the judicial holiday, the proceedings, counterclaims, appeals and appeals petitions filed in connection with cases and affairs other than those shown in the above paragraphs, as well as response petitions filed against them and renewal petitions for cases whose files have been removed from processing, issuing a decision, all kinds of notifications, sending the file to another court, district court or Supreme Court are also conducted.

(4) The provisions of this article shall also be applied in the examinations of the district courts of justice and the Court of Cassation.

The effect of judicial holiday on periods

ARTICLE 104 – (1) In cases and affairs subject to judicial leave, if the expiration of the periods designated by this Law coincides with the holiday period, these periods shall also be deemed to have been extended by one week from the day of the end of the judicial holiday without the need for a decision.

 

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What is mediation?

Mediation is a dispute resolution method that has been used in Europe and America for nearly 40 years.hat is mediation?

Mediation is a dispute resolution method that has been used in Europe and America for nearly 40 years. It is a process in which people who have been the subject of a lawsuit or who may have a dispute between them Decipher the issue by mutually negotiating in the company of an intermediary.

How did it happen that the mediation system was included in the Turkish legal system?

In parallel with the development in the world, mediation has been a topic that has been focused on and discussed by academic circles in our country since the end of the 1990s, especially in the beginning, and scientific articles and reports have been written.n parallel with the development in the world, mediation has been a topic that has been focused on and discussed by academic circles in our country since the end of the 1990s, especially in the beginning, and scientific articles and reports have been written. With the scientific discussion and studies on the subject reaching the desired intensity, a scientific commission was established to conduct legal studies on this issue. At the end of the work of the Commission, which was carried out for a long time by examining the world examples, the “Draft Law on Mediation in Legal Disputes”, which was sent to the Grand National Assembly of Turkey on 03.06.2008, was adopted and became law at its session dated June 7, 2012.he end of the work of the Commission, which was carried out for a long time by examining the world examples, the “Draft Law on Mediation in Legal Disputes”, which was sent to the Grand National Assembly of Turkey on 03.06.2008, was adopted and became law at its session dated June 7, 2012.

What is the duty of mediators?

Mediators apply mediation methods that facilitate the communication of the parties and keep them at the table. It helps the parties to find their own solutions themselves. In doing so, the mediator does not make a decision that resolves the issue, does not offer the parties a solution option.ediators apply mediation methods that facilitate the communication of the parties and keep them at the table. It helps the parties to find their own solutions themselves. In doing so, the mediator does not make a decision that resolves the issue, does not offer the parties a solution option. The mediator must be an impartial and independent person. If the mediator has a serious relationship with one of the parties, he should not mediate.

Who can be a mediator, what are the conditions?

Only law school graduates with at least five years of professional experience can become mediators in Turkey. In order to become a mediator registered in the Ministry of Justice registry, it is necessary to receive at least forty-eight hours of theoretical and practical training from educational institutions licensednly law school graduates with at least five years of professional experience can become mediators in Turkey. In order to become a mediator registered in the Ministry of Justice registry, it is necessary to receive at least forty-eight hours of theoretical and practical training from educational institutions licensed by the Ministry. After the training, those who pass the written and practical exam opened by the Ministry and register for the registry earn the title of mediator. Mediators in Turkey are affiliated to the Ministry of Justice in terms of registration and audit. Mediators pay dues to the finances every year. Those who do the mediation profession have to take eight hours of renewal training every year.

Which cases are covered by mediation?

According to the Law on Mediation in Legal Disputes, mediation can only be resorted to in cases where the parties can reach a settlement, where it is possible for them to give up their rights and accept the claims, and where a court decision is not required.ccording to the Law on Mediation in Legal Disputes, mediation can only be resorted to in cases where the parties can reach a settlement, where it is possible for them to give up their rights and accept the claims, and where a court decision is not required. For example, since a court decision is required for the parties to divorce and custody of the child, the parties cannot take such issues to a mediator. Again, if the dispute is caused by domestic violence and is not one of the crimes considered within the scope of reconciliation in the Code of Criminal Procedure, that incident will not be eligible for mediation. In other words, for example, spouses cannot go to an intermediary for compensation requested as a result of violence against each other, gunshot wounds, crimes that cause death. However, all credit agreements, purchase and sale agreements, consumer disputes, work contracts, rental disputes, labor receivables, maritime trade and insurance disputes, trademark and patent disputes, property sharing disputes after divorce, installment wounding, unarmed intentional wounding, insult, threat, violation of housing immunity, trade secret disclosure, such as crimes related to the complaint may be requested to go to an intermediary for compensation. As part of the Ministry of Justice’s efforts to make the mediation system mandatory as a pre-trial solution, mediation will first become mandatory in labor-employer disputes. According to the changes expected to come to the agenda of the Parliament in 2016, mediation will become mandatory in labor casess part of the Ministry of Justice’s efforts to make the mediation system mandatory as a pre-trial solution, mediation will first become mandatory in labor-employer disputes. According to the changes expected to come to the agenda of the Parliament in 2016, mediation will become mandatory in labor cases. Cases filed without applying to a mediator will be rejected without being examined.

When do people contact a mediator?

People who have a legal dispute between them can contact an intermediary whenever they need the help of a third party to Decipher it. Mediation in Turkey can be applied for before the case is opened or during the case.eople who have a legal dispute between them can contact an intermediary whenever they need the help of a third party to Decipher it. Mediation in Turkey can be applied for before the case is opened or during the case. If the parties reach an agreement in the pre-trial mediation, there will no longer be a need for litigation. After the parties file a lawsuit, the judges are informed about mediation between the parties. If they want to go to mediation, the judge can postpone the hearing up to three months twice at most. If the parties agree, the court will stop hearing the case and the text agreed by the parties will now be valid. If they do not agree, the case will continue where it left off and the court will decide on the incident.

What are the advantages of mediation?he parties agree, the court will stop hearing the case and the text agreed by the parties will now be valid. If they do not agree, the case will continue where it left off and the court will decide on the incident.

What are the advantages of mediation?

Mediation is a method that has many advantages, especially compared to litigation. Due to these advantages, mediation is becoming more and more popular in the world and in our country every day.

Mediation protects relationships Decoupled between people. Since there is an amicable solution on the basis of mediation, it prevents existing relations from deteriorating and ensures the improvement of broken relations. Since the parties continue to communicate in mediation, they have a high chance of finding a common solution in accordance with their wishes.
Mediation provides a quick solution. While the events that are the subject of the case are resolved by the court in an average of eight months at the earliest and four years on average, the result can be achieved in three hours to a week in mediation. Therefore, they may choose mediation to resolve the dispute in a shortdiation provides a quick solution. While the events that are the subject of the case are resolved by the court in an average of eight months at the earliest and four years on average, the result can be achieved in three hours to a week in mediation. Therefore, they may choose mediation to resolve the dispute in a short time.
Mediation is economical. Mediation provides reaching a solution with reasonable fees in the face of expenses that must be incurred during the case, attorney’s fees and late receipt of the right.
Mediation is confidential. The opinions, documents, offers and offers put forward during the mediation are confidential. Therefore, the parties can put any issue on the table without hesitation. For this reason, mediation may be preferred on issues that are afraid of public reflection.Mediation is confidential. The opinions, documents, offers and offers put forward during the mediation are confidential. Therefore, the parties can put any issue on the table without hesitation. For this reason, mediation may be preferred on issues thMediation is confidential. The opinions, documents, offers and offers put forward during the mediation are confidential. Therefore, the parties can put any issue on the table without hesitation. For this reason, mediation may be preferred on issues that are afraid of public reflection.
In mediation, the control of the process is in the hands of the parties. In mediation, an agreement is made only on issues agreed by the parties. The parties may give up mediation at any time. No one can be forced to sign an agreement they don’t want.
What is the cost of mediation?

The parties shall pay the mediator’s fee and expenses equally. If the dispute can be measured in money, for example, in a case of 25,000 TL, the parties pay a total fee of 6% to the mediator.he parties shall pay the mediator’s fee and expenses equally. If the dispute can be measured in money, for example, in a case of 25,000 TL, the parties pay a total fee of 6% to the mediator. According to the wage tariff, this rate gradually decreases as the amount subject to dispute increases.he parties shall pay the mediator’s fee and expenses equally. If the dispute can be measured in money, for example, in a case of 25,000 TL, the parties pay a total fee of 6% to the mediator. According to the wage tariff, this rate gradually decreases as the amount subject to dispute increases. In cases that cannot be measured in money, the mediator’s fee is paid as an hourly rate. This fee may be between 95 and 240 TL per hour depending on the event and the number of parties. Dec. A wage agreement cannot be made with the intermediary below the tariff.

What kind of process is followed if one of the parties does not comply with the agreement after a successful mediation?

The mediation agreement binds both parties once it is signed. It is only possible to withdraw from this agreement with the consent of the other party, i.e. with a new agreement. After the mediation agreement is signed, the party that wishes may apply to the court and obtain an “enforceability annotation” to the agreement documenthe mediation agreement binds both parties once it is signed. It is only possible to withdraw from this agreement with the consent of the other party, i.e. with a new agreement. After the mediation agreement is signed, the party that wishes may apply to the court and obtain an “enforceability annotation” to the agreement document. Together with the fact that the court gives an enforceability annotation to the agreement document, the mediation agreement document serves to initiate the enforcement process, just as in the execution of court decisions. It is not possible to object to this enforcement proceedings except in certain cases. As can be seen, if the agreement signed at the end of a successful mediation is not complied with, the creditor can initiate enforcement proceedings with the agreement document and collect his debt, if necessary, through seizure.

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Mandatory Elements That Must Be Included in the Petition of Suit

In civil courts, a lawsuit is filed by submitting a petition of suit.andatory Elements That Must Be Included in the Petition of Suit

In civil courts, a lawsuit is filed by submitting a petition of suit. According to the Code of Civil Procedure No. 6100, there are some mandatory elements that must be included in the laandatory Elements That Must Be Included in the Petition of Suit

In civil courts, a lawsuit is filed by submitting a petition of suit According to the Code of Civil Procedure No. 6100, there are soMandatory Elements That Must Be Included in the Petition of Suit

In civil courts, a lawsuit is filed by submitting a petition of suit. According to the Code of Civil Procedure No. 6100, there are some mandatory elements that must be included in the lawsuit petition that will be written in order to file a lawsuit. These mandatory elements are 119 of the Code of Civil Procedure No. 6100. It is arranged in the article. According to the provision of the said article;

The content of the lawsuit petition

ARTICLE 119- (1) The following issues are included in the petition for the case:

a) The name of the court.

b) The name, surname and addresses of the plaintiff and the defendant.

c) The identity number of the claimant of the Republic of Turkey.

ç) The name, surname and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.) The identity number of the claimant of the Republic of Turkey.

ç) The name, surname and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.

d) The subject matter of the case and the v) The identity number of the claimant of the Republic of Turkey.

ç) The name, surname and addresses of the legal representatives of the phe identity number of the claimant of the Republic of Turkey.

ç) The name, surname and addresses of the legal representatives of the parties and the plaintiff’s attorney, if any.

d) The subject matter of the case and the value of the subject matter of the case in cases related to the rights of assets.

e) Clear summaries of all the cases that are the basis of the claimant’s claim under the sequence number.

f) What evidence will be used to prove each alleged fact.

g) Legal reasons relied upon.

g) Clear statement of the result of the request.

h) The signature of the plaintiff, if any, of his legal representative or attorney.

(2) In case the matters other than subparagraphs (a), (d), (e), (f) and (g) of the first paragraph are incomplete, the judge shall give the plaintiff a definite period of one week to complete the deficiency. If the deficiency is not completed within this period, the lawsuit shall be deemed not to have been filed.

 

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