August 15 2017
The Regulation on the Determination and Enforcement of Target Investigation, Prosecution or Trial Periods was published in the Official Gazette (30105) on June 23 2017. It was enforced by the Ministry of Justice and will enter into force on September 1 2017.
The regulation sets out the rules and procedures for determining the specific periods in which legal proceedings must be completed, thus ameliorating the judicial process. It applies to investigations, prosecutions and trials conducted by:
The Ministry of Justice will set the target trial periods after receiving the opinion of the Supreme Council of Judges and Public Prosecutors.(1)
As per Article 5/2 of the regulation, the following will be considered during the determination of target trial periods:
In many other jurisdictions, similar legislative provisions exist in order to:
By establishing and adhering to time limits for legal proceedings, Turkey may be able to eliminate the delays in its judicial system. The prescribed trial periods would allow the performance of public officers to be ranked and bring legal proceedings to a conclusion in a reasonable time.(3) This would end the excessive length of legal proceedings, which causes a considerable loss of time and money.
For further information on this topic please contact Filiz Toprak Esin or Ezgi Kut at Gün & Partners by telephone (+90 212 354 00 00) or email (firstname.lastname@example.org or email@example.com). The Gün & Partners website can be accessed at www.gun.av.tr.
(1) The target time periods will be updated every two years at the latest and will be announced on the Ministry of Justice website and sent to the Public Prosecution Offices and the Presidencies of the Justice Commissions.
"Public Prosecution Offices and Presidencies of Justice Commissions, by receiving opinion of the president, members, judges and prosecutors, prepare a report in every year at the end of January regarding causes of delay in realization of the target time periods and solution offers which shall involves their jurisdiction. The prepared report shall be sent to the Directorate of Strategy Development of the Supreme Council of Judges and Public Prosecutors."
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.