The judicial system from Turkey has recently changed and has been modernized according to the European legislation due to the fact that Turkey wants to become a member of EU in the next years. The goal of Turkish authorities was to reduce human rights violations and create a trustful judicial system. These measures are important also for foreign investors who start doing business in Turkey.
The Turkish judicial system is divided into two main parts: civil and military, both of them having ordinary and administrative structures.
The main types of Turkish jurisdictional fields:
1. Court of Cassation for civil ordinary procedures
2. Council of State for civil administrative procedures
3. Military Court of Cassation for military criminal procedures
4. High Military Administrative Court for military administrative procedures.
All these four courts can take the final decision in the disputes they judge. Above these courts, there is the Court of Jurisdictional Disputes that was enabled to solve the disputes between the other four courts and the Constitutional Court.
The Turkish judicial system mainly consists of:
- Ministry of Justice
- The High Council of Judges and Prosecutors
- Supreme Courts
- Courts of first instance and district courts.
The military courts generally judge only the military personnel, but there are some cases when the martial law is applied or others related to military service when also civilians can be judged.
In Turkish courts, there is no jury and the decisions are taken by judges based on the legislation and their own opinions regarding the cases. Judges can exercise the profession in criminal, civil or administrative cases.
Prosecutors of the Republic bring public charges against defendants and they are divided into branches, such as judges, according to their field of activity.
The lowest civil courts in Turkey are named the civil or peace courts and are to be found in every district, then there are the civil courts of first instance for other civil cases than those judged by the peace courts. The criminal courts are penal courts of first instance for minor cases and central criminal courts for major cases that imply a penalty of over five years of prison.
Whenever you have legal problems in Turkey or you need legal advice, you can contact our law firm in Turkey.