Legal aid is the use of free attorney services, as well as temporary immunity from legal expenses required by the case, for those who do not have the opportunity to meet attorney fees and other judicial expenses in order to overcome obstacles to people’s freedom to seek rights and ensure equality in the use of this freedom. Dec.19, in order to overcome the obstacles in front of the freedom to seek rights and ensure equality in the use of this freedom.
The legal aid institution is a guarantee of the right to a fair trial and aims to create equality in the freedom to seek rights. The legal aid institution is a guarantee of the right to a fair trial and aims to create equality in the freedom to seek rights. As a requirement of the principles of the social state and the rule of law, the state has to create the necessary systems to ensure equality inThe legal aid institution is a guarantee of the right to a fair trial and aims to create equality in the to seek rights. As a requirement of the principles of the social state and the rule of law, the state has to create the necessary systems to ensure equality in the exercise of the freedom to seek rights, and the legal aid agency has been established in order to implement these principles. Dec.
According to Article 334 of the HMK titled Persons who will benefit from legal aid;
(1) Without putting himself and his family in a significantly difficult situation in terms of livelihood,
Those who are unable to pay the costs of the trial or follow-up, in whole or in part,
may not be able to make their claims and defenses, request temporary legal protection and initiate enforcement proceedings,
provided that their “claims are not clearly unfounded”, they may benefit from legal aid.se who are unable to pay the costs of the trial or follow-up, in whole or in part,
may not be able to make their claims and defenses, request temporary legal protection and initiate enforcement proceedings,
provided that their “claims are not clearly unse who are unable to pay the costs of the trial or follow-up, in whole or in part,
may not be able to make their claims and defenses, request temporary legal protection and initiate enforcement proceedings,
provided that their “claims are not clearly unfounded”, they may benefit from legal aid.
(2) Public benefit associations and foundations, if they appear to be justified in their claims and defenses and if they are unable to pay the necessary expenses in whole or in part due to financial
difficulties,
may benefit from legal aid if they do so.
(3) The ability of foreigners to benefit from legal aid is also subject to the condition of reciprocity.
The person whose legal aid request is accepted;
a) Temporary exemption from all judicial and follow-up expenses to be made.
b) Exemption from providing collateral for trial and follow-up expenses.The person whose legal aid request is accepted;
a) Temporary exemption from all judicial and follow-up expenses to be made.
b) Exemption from providing collateral for trial and follow-up expenses.
c) All expenses that need to be madThe person whose legal aid request is accepted;
a) Temporary exemption from all judicial and follow-up expenses to be made.
b) Exemption from providing collateral for trial and follow-up expenses.
c) All expenses that need to be made during the lawsuit and enforcement proceedings are paid in advance by the State
and paid in full.
d) If the case needs to be followed up by a lawyer, a lawyer is hired whose fee will be paid later.
he benefits from its provision free of charge until the finalization of the judgment.
The court may also decide that the applicant benefits from some of the above-mentioned issues.
Legal aid is requested from the court where the main request or case will be decided; in enforcement and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be conducted.egal aid is requested from the court where the main request or case will be decided; in enforcement and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be conducted. The applicant must submit to the court a summary of his claim, together with the evidence on which he will base his claim and docuLegal aid is requested from the court where the main request or case will be decided; in enforcement and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be conducted. The applicant must submit to the court a summary of his claim, together with the evidence on which he will base his claim and documents related to his financial situation indicating that he is not in a position to cover the trial expenses.
The request for legal aid during the application to the legal remedies is sent to the district court of justice or
It is made to the Supreme Court.
The documents related to the request for legal aid are exempt from all kinds of fees and taxes.
According to Article 337 of the HMK, the court may decide on the request for legal aid without holding a hearing. However, upon request, the examination is conductedding to Article 337 of the HMK, the court may decide on the request for legal aid without holding a hearing. However, upon request, the examination is conducted with a hearing. The reason why the information and documents presented in court decisions rejecting legal aid requests are not accepted is clearly stated.
Objections can be made to decisions rejecting a request for legal aid by submitting a petition to the court that made the decision within one week from the date of notification. Objections can be made to decisions rejecting a request for legal aid by submitting a petition to the court that made the decision within one week from the date of notification. The court whose decision is objected to sends the file to the nearest court tasked with handling the same affairs if there is more than one apartment of the civil court where a request for legal aid was made at that place, to the apartment that follows it as a number, to the first apartment for the last numbered apartment, if there is a single apartment of the civil court where a request for legal aid was made at that place, to examine the objection. The decision made as a result of the appeal examination is final. If the request for legal aid is rejected, a request can be made again based on a serious decrease in payability that occurs later. Legal aid does not cover the costs of previous court proceedings.ecision made as a result of the appeal examination is final. If the request for legal aid is rejected, a request can be made again based on a serious decrease in payability that occurs later. Legal aid does not cover the costs of previous court proceedings.
If it turns out that the person who benefits from legal aid has given incorrect information about his financial situation intentionally or as a result of a serious defect, or if it turns out that his financial situation has improved sufficiently later, the legal aid decision is lifted.
All trial expenses postponed due to the legal aid decision and advances paid by the State are collected from the person who is wronged at the end of the case or pursuit. In case the person who benefits from legal aid proves to be wrong, if deemed appropriate, it may be decided that the trial expenses will be paid in equal monthly installments within a maximum of one year.
Paying paid or exempted by the State due to the legal aid decision, if it is clearly understood by the court that the collection of the trial expenses will cause the victimization of the beneficiary of legal aid, the court may decide to exempt him from payment in whole or in part in the judgment.aying paid or exempted by the State due to the legal aid decision, if it is clearly understood by the court that the collection of the trial expenses will cause the victimization of the beneficiary of legal aid, the court may decide to exempt him from payment in whole or in part in the judgment. For the person who
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