The crime of collaborating with the enemy is regulated as follows in Article 303 of the TCK No. 5237 in the section “Crimes Against the Security of the State”:

Do not cooperate with the enemy

ARTICLE 303 – (1) A citizen who accepts service in the army of the state that is at war with the Republic of Turkey, and engages in an armed struggle against the State of the Republic of Turkey on the side of the enemy state, is sentenced to life imprisonment.

(2) A citizen who assumes any command in the army of the enemy state is punished with aggravated life imprisonment.

(3) In case other crimes are committed during the commission of the crimes defined in the first and second paragraphs, additional punishment is imposed for these crimes in accordance with the relevant provisions.

(4) No penalty shall be imposed on a citizen who was in the territory of an enemy state during war and had to be recruited into the army of that state, for this reason.

As it is understood from the text of the article, accepting service in the army of the state that is at war with the Republic of Turkey or engaging in an armed struggle against the Republic of Turkey on the side of the enemy state is defined as a crime. The perpetrator of this crime can only be a citizen.

In the second paragraph, undertaking any command post in the army of the enemy state is defined as a separate crime. In order for this crime to occur, it is not necessary to be at war with the enemy state. A state that is not at war yet, but is engaged in hostile actions against the Republic of Turkey should be considered an enemy state. The perpetrator of this crime can only be a citizen. The necessary point for this crime to occur is to undertake a duty in the form of being effective in the administration and administration, albeit indirectly, in the army of the enemy state.

For example, persons may have been killed, deliberately injured, or damaged or damaged to persons or public property at the time these crimes were committed. In the third paragraph of the article, it has been accepted that an additional penalty will be imposed for these crimes.

According to the fourth paragraph of the article, it is explained in the fourth paragraph of the article that those who were in the territory of a foreign state before the war and had to accept a service imposed by the laws of that state cannot be punished. It is a requirement of the subjective responsibility principle in criminal law that a person who is compelled to do something is not held responsible for it.

Singapore is known for having strict regulations and laws. Let’s take a look at a few of them.

gum law

Singapore’s chewing gum ban has taken a strong stance since it banned chewing gum in 1992, after politicians realized that chewing gum offended the public, and that some people were sticking it to door sensors on Mass Rapid Transit trains, preventing them from working properly. However, since 2004 people in Singapore have been able to buy gum from dentists or pharmacists for medical reasons, such as using nicotine gum to quit smoking. Under Singapore gum law, if you are caught selling or importing gum, you could face a hefty fine or even jail time.

Electronic cigarette

Despite some reports that e-cigarettes are less harmful than regular cigarettes, the Singapore Health Sciences Authority has maintained its stance on e-cigarettes, arguing that it can be a gateway for non-smokers to become addicted to tobacco. E-cigarette use has been banned since 2018, even in private homes, with significant fines for anyone caught importing or distribution.

Gathering in groups of more than three people

In Singapore, it is illegal for groups of more than three people to gather in a public area after 10 pm. It may seem strange, but the government believes that preventing illegal gatherings will help maintain peace and stability in the country. So if you’re out with a group of friends, make sure you’re home by 10pm.

Buying alcohol after 22.30

As of 2015, Singapore banned the sale and consumption of alcohol in public from 10:30 p.m. to 7:00 a.m. Event organizers can apply for a special license to allow drinking after this time, and places such as restaurants can serve alcohol according to their license. Illegal sale of alcohol is punishable by a fine of up to Singapore$10,000 (£5,362) or more in certain Liquor Control Areas. The Singapore ban came into effect after a riot on Race Course Road over the inconvenience caused by excessive alcohol consumption.

The court in charge of the restitution case is the Civil Courts of First Instance. The competent court is the court of the defendant’s place of residence or the court of the place where the enforcement proceedings are carried out.

If the case is won by the plaintiff in the restitution lawsuit, the right to receive not only the money paid to the creditor with the enforcement proceedings, but also the enforcement fees and expenses that he had to pay, from the defendant creditor.

It should be noted that if the payment is made without realizing that the debt has expired, an action for restitution cannot be filed for the return of the money paid by the debtor.

On the other hand, if the plaintiff loses the case, the defendant will have to pay the court costs related to the case to the creditor.

In the cases explained, it is not possible for the losing party to be sentenced to pay 40% compensation.

The crime of embezzlement is not one of the crimes that depend on the complaint. The prosecution office may initiate an investigation ex officio after the crime has been committed. The statute of limitations for embezzlement is 15 years. An investigation and prosecution can be carried out within this period, upon notification to the prosecutor’s office that a crime has been committed.

1- The Way of Case Recognition (Actio): Praetors helped the development of law primarily through case recognition. In other words, lawsuits could not be filed in case types that were not in Ius civile. However, as the population and the number of foreigners increase, the disputes increase. Praetor has improved the law by giving the aggrieved party the power to sue if it does not have the power to sue.

2- Defi (Exeptio) Way: They also developed the law through defi (exeptio). In other words, when the lawsuit was filed, they enabled the other party to assert a situation that did not exist in Ius civile. For example, in a fraudulent contract, the aggrieved party could not say in Ius civil that the contract was fraudulent. However, the praetors made it possible for the aggrieved party to assert a fraudulent plea.

3- Reinstatement Way: Also, the praetor developed the law through reinstatement. For example, if a contract has been made and one of the parties has been victimized in a way that does not comply with equity, the victimization has been eliminated by applying the reinstatement decision of the praetor to this transaction.

4- Forbidden (Interdictum) Way: Other ways of developing the law is a way we call the Forbidden (interdictum). In Roman law, the order and prohibition of the praetor and provincial governors, based on their authority, regarding an unlawful act not sanctioned by law. It may be temporary or definitive; In the first case, the way to apply to the judge afterwards is kept open. A documenting interdictum, usually related to rights over property, is a decision that calls for the discovery of a person or property. Restorative interdictum, on the other hand, envisages the return of a property taken, the deterioration of a work done, or the cessation of a special intervention to a right.

5- The Way of Ensuring Possession

Perfect Collision: Pursuant to Article 1287 of the Turkish Commercial Code, in cases where the collision occurs as a result of an unexpected event or force majeure or when the cause is not understood, the person who suffers damage will be liable for the damages of the ships, people and goods on board the ships as a result of the collision. The phrase “unexpected situation” in the article will be evaluated according to the concrete event. However, in the second paragraph of the article, in cases where the accident occurs while one or all of the ships are at anchor, it is stipulated that the person who suffers the damage will be responsible for the damage.
Defective Collision: In cases where the collision is caused by the fault of one, more or all of the ships. In this context, faulty collision is divided into two according to the defect rate.

Blue Card; It is the official document that shows that those who are Turkish citizens at birth but lost their Turkish citizenship by obtaining permission to leave and their descendants specified in Article 28 of the Turkish Citizenship Law No. 5901 and that they can benefit from the rights specified in the said article.
Those who are Turkish citizens by birth but lost their Turkish citizenship by obtaining a permission to leave and the records of their descendants specified in Article 28 of the Turkish Citizenship Law No. 5901 are kept in electronic environment, and those who are Turkish citizens by birth but lost their Turkish citizenship by obtaining a permission to leave, and those who lost their Turkish citizenship by obtaining permission to leave
The descendants specified in Article 28 of the Citizenship Law will be able to register in this register.
Blue Card Holders;
Those who are Turkish citizens by birth but lose their Turkish citizenship by obtaining permission to leave and their descendants specified in Article 28 of the Turkish Citizenship Law No. 5901 continue to benefit from the same rights granted to Turkish citizens, except for the exceptions specified in Article 28 of the Turkish Citizenship Law No. 5901. provisions are reserved.
Persons registered in the Blue Card Register do not have the right to elect and be elected, to import vehicles or household goods with exemption, and to do their military service. The acquired rights of these persons regarding social security are reserved and they are subject to the provisions of the relevant laws in the use of these rights.
Persons registered in the Blue Card Holders Registry cannot hold primary and permanent public service positions based on a staff and subject to the public law regime. However, they can be employed as workers, temporary or contracted personnel in public institutions and organizations.
A Blue Card can be requested by submitting the identity document or passport issued by the foreign authorities, together with 2 photographs attached to the petition regarding the Blue Card request. At the same time, paragraph 7 of the 28th article of the Turkish Citizenship Law No. 5901 states, “The submission of the Blue Card is sufficient for the use of the rights provided by this article.” Pursuant to the provision, the new Blue Card within the scope of valuable papers can be used as an identity document.

If the person is under the age of 18, the Blue Card is given to the parents or guardians and to the person who is authorized to make a notification to register the child in the family registers. In case the marriage union ends with a court decision; The Blue Card of the minor child is given to the parent who has custody. If the minor’s mother or father is abroad or has died, the person appointed as a guardian by the court is authorized to receive the child’s Blue Card.

According to our Labor Law, the normal working time per week is determined as 45 hours.

Overtime means the work exceeding 45 hours in the conditions written in the labor law, and working overtime refers to the work done up to 45 hours in cases where the weekly working time is determined below 45 hours.

Accordingly, in a service contract where the weekly working time is determined as 40 hours by contract, the wage per hour is increased by 25% for every hour until the limit of 45 hours per week is reached. Every hour of work is considered overtime after the limit of 45 hours per week has been reached. In accordance with the regulation on overtime and overtime work pertaining to the labor law, the wage to be paid for each hour of overtime is paid by increasing the amount per hour of the normal working wage by 50%. There is no difference in the calculation whether these overtimes are made after the end of the work on weekdays or by arriving on the weekend.

According to this, the working time of 40 hours is determined by the contract between 9.00 and 17.00 on weekdays. The wage per hour is increased by 25% for working hours up to 5 hours on a weekly basis after the end of the work, and by 50% for overtime hours after 45 hours.

In accordance with Article 46 of the Labor Law, workers are given at least 24 hours of uninterrupted rest in a 7-day period, provided that they have worked on the working days determined according to Article 63 before the holiday.

This is called a week break. The law does not specify which day of the week holiday will be. Therefore, it is not mandatory to be Sunday, a desired day can be decided. If the worker has completed the 45-hour working period before the week break, but still works during the week break, the amount per hour of the normal working wage to be paid for each hour of overtime will be paid with an increase by 50%.

In cases where the weekly working time is determined to be less than 45 hours, since the work done up to 45 hours will be considered as overtime, 25% more than normal will be paid for each hour of overtime work. Because in this case, it does not matter in the calculation whether the work is done on weekdays or on weekends. For example, the person came to work during the weekend and worked 8 hours per day. The total working time on weekdays corresponds to 40 hours. Accordingly, the first 5 hours of Saturday will work 25% more than the normal hourly wage, and the remaining 3 hours will be 50% more than the normal hourly wage as overtime wages, as it exceeds 45 hours.

CALCULATION OF OVERTIME FEE
To explain the calculation of overtime wages with an example, a worker who normally works 8 hours a day and earns 160 TL per day earns 20 TL per hour. If the worker works 40 hours a week with a contract and works 5 days a week and will work on a Saturday;

Since working overtime will be mentioned within 5 hours up to 45 hours, the hourly working wage will increase by 25% to 25 TL per hour and will earn 125 TL,

In the next 3 hours, it will be calculated that the worker will earn 215 TL in total for that day, since the overtime wage will be 30 TL with an hourly increase of 50% and it will be 90 TL in total.

WAGE OF EMPLOYEE WORKING ON HOLIDAYS
General holidays come to the fore on national holidays, New Year’s Eve, official and religious holidays. According to the Labor Law, during these holidays, workers are paid the full wage of the day without any work. If the worker does not take a vacation that day, he is also paid a daily wage for each day worked. In other words, the worker working on national holiday is entitled to receive twice his daily wage. In addition, if a working time of 45 hours per week has been fulfilled, he/she receives an overtime wage of 50% per hour, in addition to the one-day working wage, which is the holiday wage. Even if it does not work, it will still receive 1 day’s wage. For example, a worker who completed the 45-hour working hour and worked on May 19;

1-) the wage he will normally receive for one day’s work (let it be 160 TL)

2-) due to working in Bayram, plus one more daily wage (+160 TL)

3-) After completing 45 hours, he will receive 50% more than the normal hourly wage (in the example, 50% more than 20 TL will be 30 TL per hour).

If the national holiday or holiday coincides with a weekday and the worker is not working today, the worker is paid one day’s wage. Both the general holiday pay and the weekend holiday pay are not paid together. However, if the worker is working on this day, overtime wages must be paid in addition to the daily wage.

OVERTIME WAGE CASE
As stated in the Labor Law, the sum of overtime hours cannot exceed 270 hours in a year. The claim that it is too much can be proved with a document.

Overtime is usually done without a written contract and documented by the employer. In other words, sometimes the employee works with the verbal request of the employer and cannot even get overtime wages. For this reason, workers resort to litigation for the collection of workers’ receivables as of the period of their dismissal. Overtime wages exceeding 5 years are not paid due to the objection of the other party in the litigation process due to the 5-year statute of limitations.

In the case of an overtime fee lawsuit to be filed, if there is no payroll and document signed by the employer regarding overtime work, workplace entry and exit records and building entry and exit records, if any, must be used as evidence. Because, although it is proved by the witness that the overtime wage will be paid, relying only on the evidence of witnesses without written document, the case law of the Court of Cassation allowed the local court to make an equitable reduction from the overtime wage determined by the court and to reduce the overtime wage calculated by the expert.

For this reason, when filing an overtime wage lawsuit, it should first be investigated whether there is a written document proving that overtime has been worked. Such as camera recordings, recordings of transcripts in card entries. If it is not found, eyewitnesses who worked in the same period should be heard about overtime work.

An overtime wage lawsuit can be filed alone or together with all of the workers’ receivables (such as severance pay, notice indemnity, balance salary, etc.).

We have provided detailed information in our other articles on our website about the recognition and enforcement of divorce decisions on our website that the recognition and enforcement of divorce decisions made abroad are legally required, that the parties continue to appear to be married before the Turkish authorities if the recognition and enforcement case is not filed, and that their legal inheritance status continues.

Although we have sufficiently emphasized that the possibility of rejection of the case without the obligatory documents in order to open a recognition and enforcement case in terms of the International Private and Procedural Law Law is highly probable, we believe that it would be useful to state it with a sample Supreme Court decision due to the questions posed.

Below, we share the decision of the Court of Cassation, which includes the opinion of the relevant legal department on the issue of not providing the necessary documents with the list of necessary documents for the recognition and enforcement of divorce.

WHAT DOCUMENTS ARE REQUIRED TO OPEN A RECOGNITION-EXECUTION ACTION?

The original of the foreign court decision (divorce decision)
Annotation or document and apostille showing that the divorce decision of the foreign court is finalized
Translation of the divorce decision by a foreign court into Turkish by a sworn translator and having this translation approved by the Notary or Consulate
Photocopy of passport and identity card
If a power of attorney is to be given to the lawyer, “authority to file a lawsuit for recognition and enforcement of the divorce decision made abroad” in the illustrated divorce power of attorney and power of attorney.

THINGS TO KNOW ABOUT CONTRACTUAL DIVORCE

The concept of uncontested divorce is regulated in paragraph 3 of article 166 of our Turkish Civil Code. According to the aforementioned article, the conditions determined for an uncontested divorce must be fulfilled.

First of all, it should be noted that the spouses must have been married for at least 1 year in order to obtain a consensual divorce. Couples who have been married for less than one year must wait for the completion of one year before they can get a mutual divorce. Of course, the start date of this 1-year period is the date of the official marriage.

On the other hand, in an uncontested divorce, as the name suggests, the parties must reach full agreement and agreement on all the material and moral legal consequences of the divorce, and they must prepare a divorce protocol regarding it. It is obligatory for the parties to be present before the judge in the uncontested divorce case, and the results in the presented divorce protocol must be confirmed before the judge that both parties approve. In cases where one of the parties does not appear before a judge, divorce cannot be decided, and the uncontested divorce case is postponed to the other hearing so that the party who does not come can be heard.

If there is a child in the marriage union, the custody issue is also important. The protocol prepared in the uncontested divorce case should be arranged in detail so that there is no doubt in terms of custody.

If the judge concludes that the parties are in full agreement regarding the material and moral consequences of the divorce specified in the divorce protocol, and if he decides that the divorce will be achieved in this way after his own evaluation, he decides to divorce according to the issues agreed between the parties. As it can be understood, an uncontested divorce is a form of divorce that allows the parties to divorce as soon as possible. However, in order to avoid any loss of rights in the future, it is beneficial for the parties to get help from a lawyer.