LITIGATION 

Our attorneys can provide assistance for all the stages of a litigation case in Turkey, which can refer to the preliminary examinations, investigation on the case, the hearing and the appeal.

 

The courts of justice are first instance courts and can be found in every city and district; they can take the form of civil peace courts and basic courts. The civil peace courts cover the cases related to the minor offences related to the Code of Civil Procedure and are formed by a single judge, while the basic courts are the first instance in criminal and civil cases related to the Code of Civil Procedure and other laws and are formed by at least three judges.

 

There is at least one criminal court in every Turkish city and district, responsible for hearing minor criminal cases (with a punishment not exceeding five years). The criminal courts are formed by a single judge.

 

The Central Criminal Courts consist in three judges (from which a president is elected) and a public prosecutor. They are responsible for hearing cases where the crimes involve a penalty of over five years. The central criminal courts are located in every Turkish city.

 

It also judges the following for crimes related to their offices: members of the supreme courts, the President, the Chief and the Deputy Republic Prosecutors, the members of the Council of Ministers, the chairman and members of the Supreme Council of Judges and Public Prosecutors and of the Supreme Council of Public Accounts. It is formed by eleven members and the decision taken by it cannot be amended.

 

The Court of Cassation is auditing the judgments of the criminal courts, justice courts and examination courts. It is considered the last instance in these cases. There are two chambers of the Court of Cassation: the civil law chamber and the penal law chamber.

 

Administrative appellate courts are based in every Turkish province and hear cases regarding bankruptcies, citizenship matters and probate.

 

The Administrative Supreme Court is the last instance in cases heard by the administrative appellate courts.

 

Litigation  in Turkey 

 

As a general rule, the main dispute resolution in Turkey relates to litigation, which is performed in accordance with the main rule of law provided by the Code of Civil Procedure. Arbitration and mediation are legal procedures to which natural persons or legal entities can appeal as well; in the last years, these two types of dispute resolution measures became more popular in Turkey. 

 

It is important to know that litigation cases in Turkey can be addressed to a court only through the legal representation of a Turkish lawyer.