1) Can I learn whether there are cases opened against me?
Envelope with e-Government password can be bought from PTT Center Administrations with individual application by submitting an identification card with Turkish ID Number on it. https://www.turkiye.gov.tr/ web site contains all personal information including cases.
2) Can I access all files in the case file?
Unfortunately, it is not possible to access details of case files via internet for individuals. To do this, you must be a member of UYAP. The lawyers can access to files of cases in which they are attorneys.
3) Do I have to depute lawyer?
In general, it is not obligatory to assign a lawyer. However, when needed, it is beneficial to take help from lawyers who are experienced and have knowledge in certain subjects. It must not be forgotten that you have right to have a lawyer, not speak without lawyer, request assignment of a lawyer if you do not have money to assign a lawyer against an accusation. It is obligatory for persons under 18 and persons having upper penalty limit of five years and more to assign lawyers.
4) How do I take proxy?
The person to depute a lawyer should apply to notary public with an identification document and notify the related lawyer`s Turkish ID Number, registered bar association, registration and address.
5) Can I depute more than one lawyers?
There is no restriction in the legislation on the number of lawyers to be deputed. However, deputing another lawyer when a lawyer is present is possible with consent of the present lawyer or by cancelling the authorization document of the present lawyer and giving proxy to another one.
6) What are the stages of case?
Firstly, the investigation starts after learning or complaining on a crime. At the end of investigation, the public prosecutor will open case by making an indictment if there are sufficient doubts on performance of the crime. Otherwise, it is decided that prosecution is not necessary. At result of judgement of opened case, the decision may be appealed. Provisions on fifteen years or more of imprisonment are subject to ex officio appeal. The file firstly comes to the Supreme Court Public Prosecutor Office. The file is sent to the related Supreme Court Office with the notification to be made by the Supreme Court Public Prosecutor. The Office generally approves or declares the decision given by local courts. Approved decision becomes final. Rejected decision is sent to the court for making judgement again with the file. Against approval or rejection decision of the Office, the Public Prosecutor of the Supreme Court can make rejection or the local court can resist.
7) How long does the appeal evaluation last?
Files subject to appeal are ordered and taken to the archive. The duration of appeal for the case files is between 5-6 months and 2-3 years according to the nature of files, business of the office and the related department. Files of prisoners and files with close limitation time and files examined by the Supreme Court before are considered to have priority.
8) File of one of my relatives, who has been prisoner for 3 months, is not opened yet.Would the file be nonsuited and would he be discharged?
As mentioned in the Article 101 of the Criminal Justice Law, the criminal judge decides whether the criminal will be prisoned during investigation. So you relative has been in front of the judge and prisoned by the criminal judge. The state of detention can be contested.
The duration of imprisonment is mostly two years in works within the responsibility of heavy criminal courts (may be extended to three years in obligatory situations) and mostly one year in works not within responsibility of the related courts (may be extended six months more in obligatory situations), as mentioned in the Article 102 of the Criminal Justice Law. Therefore, the case will not be nonsuited or he would not be discharged due to time. However, as per the Article 108 of the Criminal Justice Law, the criminal court judge may decide ex officio or on request whether continuation of imprisonment is necessary for thirty days.
9) I leased the workplace of my father.The tenants used water by passing it from the counter without having subscription of water.Criminal case was opened against the tenants for use of water unlawfully.Will it include my father too
According to the Article 20 of Turkish Criminal Code, penal responsibility is individual. In consideration of the event you told, criminal case is normally opened against the tenant for use of water although knowing that it is unlawful. However, your father is neither the one who leased the workplace nor the one who used the water. So case cannot be opened against your father on use of water unlawfully.
10) I was given imprisonment penalty for 2 years and nine months.Why wasn`t it turned into money although my criminal records were clear?
As mentioned in the Article 50 of the Turkish Criminal Code, short time of imprisonment penalties (as per 49th Article of the Turkish Criminal Code, imprisonment penalties up to one year are considered as short time) can be turned into judicial money penalty or other sanctions in case that the conditions in the related article are met.
As your penalty is more than one year, it cannot be turned into money.
11) I was penalized for crime of official forgery.The file was approved.There was fake stamp on the license we sent for examination of vehicle.There`s no proof.Can you help?
Apparently, the Court finalized the given decision. You say that there is no sufficient evidence in the file. In this case, according to the Article 308 of Criminal Judgement Law, you can individually give petition to the Supreme Court Public Prosecution Office for rejection or you can get help from a lawyer.
12) I have penalized with condemnation penalty for abusing my colleagues, staff and business owners, as per the article 125/(B)-(g) of the Law No. 657.The penalty is contrary to the law.What should I do?
As mentioned in the Article 135 of Civil Servants Law No. 657, it is possible to make rejection within seven days as of notification of decision against the condemnation penalty given by the disciplinary chiefs.
Another way that can be used is to open case in administrative judgement. As per the Article 7 of the Administrative Procedure Law No. 2577, the duration for opening case in administrative judgement is 60 days as of the date when investigation is finished against you.
You can use the specified ways as well as you can get help from a lawyer.