Victim's Rights in Criminal Proceedings
Victims of crime can avail themselves of the remedies provided in the Turkish Penal Code and the Criminal Procedure Code to protect their rights and seek justice. It is important for victims to be aware of these rights and to exercise them.
Drug Possession, Acceptance, Trafficking and Usage Crime
Drug use, trade and production pose a serious threat to society. Therefore, there are different regulations in place for deterrence purposes within the scope of combating these substances. In the event of drug-related crimes, the necessary investigation procedures are carried out by law enforcement and the prosecution, and the perpetrators are punished. The determination of the scope of the act is of great importance due to the differences in the amount of punishment that will be given as a result.
Ban on Exit Abroad in Turkish Law
Exit prohibition abroad can only be applied if the legal conditions are met and by a court or judge's decision. When deciding on an exit prohibition abroad, factors such as the suspicion of the suspect or defendant's escape, the suspicion of destroying evidence, the suspicion of threatening or intimidating witnesses or experts, and the possibility of repeating the crime are taken into account.
Steps to Be Taken for Detention of the Suspect
Detention is a measure considered as a last resort. This measure can only be resorted to in the presence of legal conditions and by decision of the judge. When giving a detention decision, factors such as the suspicion of the suspect or accused fleeing, the suspicion of tampering with or destroying evidence, the suspicion of threatening or intimidating witnesses or experts, the suspicion of aiding or abetting the commission of the crime, and the possibility of recurrence of the crime are taken into account.
Steps of the Investigation Process
The investigation process is an important step in determining whether or not to file a public lawsuit. At this stage, the prosecutor takes all necessary steps to investigate the material facts and collect evidence.
Detained Person's Rights
The rights of the detained person are the cornerstone of a fair trial and the presumption of innocence. Law enforcement officers must take care to respect and uphold the rights of the persons they detain.
Rights of Detained Non-Turkish Citizens
The Republic of Turkey has a legal framework that ensures that all persons, whether Turkish citizens or not, have fundamental rights while in detention. These rights are clearly stated in the Criminal Procedure Code and must be scrupulously observed by law enforcement. It is important for non-Turkish citizens who are detained to be aware of these rights and to appeal to the competent authorities if their rights are violated.
A General Overview of Simple and Aggravated Fraud Offenses
The crime of fraud is a crime that can cause serious material and non-material damage to victims. Therefore, the simple and aggravated forms of the crime of fraud are regulated in the TPC in order to deter this crime. The penalty for the crime of fraud is determined based on whether the crime is simple or aggravated, the manner in which the crime is committed, the value of the property obtained, and other factors.
General Overview for the Willful and Reckless Injury Crimes
Intentional and unintentional bodily injury crimes occupy an important place in the Turkish Penal Code. The punishment for these crimes varies depending on the severity of the injury, the status of the victim, and the manner in which the crime was committed.
Judicial Control Measures in Turkish Criminal Law
Judicial measures are an important tool for the proper conduct of criminal proceedings. These measures prevent the suspect or defendant from fleeing, destroying evidence or influencing the trial, thus ensuring that justice is served. However, it is of great importance that these measures are applied within reasonable limits and in a proportionate manner, in accordance with the principles of the presumption of innocence and the legality of crime and punishment.
Does Usufruct Right Become Subject to Inheritance and Transfer Tax?
In case the usufruct right is made subject to inheritance and transfer tax, the tax assessment should be appealed within 30 days of the date of assessment/notification of the tax, and an application should be made to the tax court for the annulment of the assessment
Licenses of Workplaces Leased Contrary to Building Management Plans May Be Cancelled!
In the event that an independent unit is rented in violation of the building management plan, administrative and criminal penalties may be imposed. Therefore, co-owners who rent commercial businesses should carefully review the management plan and take the necessary precautions if there is a violation of the management plan. For those who will rent a property in this way, it is necessary to clearly regulate the matters they will demand from the owner of the property in the event that the business license cannot be obtained or is revoked in the lease agreement.
Endangering Occupational Health and Safety and Employer's Right to Terminate
The determination of whether the employee has endangered occupational health and safety should be evaluated based on the concrete circumstances of each case. Generally, records kept by the employer, camera recordings, witness statements, and certain types of correspondence are commonly used pieces of evidence in proving such cases.
Mandatory Individual Retirement Contribution for the Employees of Non-Governmental Organizations
The Regulation on Automatic Inclusion of Employees in the Retirement Plan through their Employers, which entered into force on 27 December 27 2018, requires workplaces with 5 or more employees to register their employees in the Individual Retirement System (“IRS”). Non-governmental organizations are also subject to these obligations.
Interim Attachment Under Turkish Law
In lawsuits or execution proceedings where the subject matter is money or security, the creditor may request an interim attachment from the court to secure the claim before a final judgement is rendered by the court. Interim attachments may be requested from the court as a precautionary measure to prevent the debtor from transferring or otherwise disposing of movable or immovable properties with the purpose of securing the collection of the debt. Interim attached must be requested in accordance with the conditions and procedures specified in the Executive and Bankruptcy Law No. 2004 ("EBL").
Social Security Institution Employment Agreement Termination Codes Have Been Amended
In accordance with the circular published by the Social Security Institution (“SSI”) on 1 April 2021 code titled “29 - Termination by the employer due to the behavior of the employee breaching the rules of morality and goodwill” has been removed from the table titled “2.1 Reason of termination” on the circular dated 22 February 2013 and numbered 2013/11 and new codes have been added. In accordance with the amendment the employer will be notifying the SSI using the codes between 42 and 50 in case of the termination of the employment agreement by the employer due to the behavior of the employee breaching the rules of morality and goodwill.
NGOs and Occupational Accidents
While the associations ensure that their work is carried out in compliance with the legislation, they must fulfil not only their obligations under legislation of the associations, but also the obligations under other legislations to which the activities of the association are subjected. Associations are organizations that carry out voluntary activities. However, associations may recruit paid employees in areas that do not have the opportunity to provide services on a voluntary basis or are not preferred. In these cases, associations shall be considered as employers under the Labor Law No. 4857 ("LL"). Associations with the title of employer shall be responsible if their employees are exposed to an occupational accident.
Overview of Turkish Commercial Litigation
Mandatory mediation, competent court and territorial jurisdiction, evidence, the appeal and cassation processes, interim measures and obligation of foreigners to provide a security are fundamental issues concerning commercial litigation under Turkish law. In this article, we have provided an overview of commercial litigation under Turkish law.
Amounts of Administrative Fines for 2021 within the Scope of Associations Law
İdarî para cezaları her takvim yılı başından geçerli olmak üzere o yıl için 4.1.1961 tarihli ve 213 sayılı Vergi Usul Kanununun mükerrer 298 inci maddesi hükümleri uyarınca tespit ve ilân edilen yeniden değerleme oranında artırılarak uygulanır. Bu düzenleme uyarınca, Dernekler Kanun’da belirtilen idari para cezaları da her yıl arttırılmaktadır. Dernekler Kanunu kapsamında 2021 yılı için uygulanacak idari para cezaları aşağıda belirtilmiştir.
Regulation on Remote Work
The Regulation on Remote Work (“Regulation”) has been entered into force with its publication in the Official Gazette on 10 March 2021. The remote working model was regulated within the scope of the amendments to Article 14 of the Labor Law made in 2016. The Regulation has further detailed the provisions stipulated under the Labor Law.
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Achilles Tendon of Personal Data Protection: Staff Files
Keeping staff files is an obligation regulated in the Labor Law and administrative fines are determined for the breach of this obligation. However, the content of the staff files is not arranged in a consolidated or strictly specified in a numerus clausus manner under the relevant legislation. Therefore, in habitual human resources practices, the content of the staff files is kept as wide as possible. This habit originating from practice has various drawbacks and risks with respect to the Personal Data Protection Law ("KVK").
5 Must-Do’s in Case of an Occupational Accident
Precautions are always our priority in managing occupational accident risks; however, we also need to be prepared for the aftermath of a risk that materialises. Therefore, it is important to know the steps that need to be taken after a workplace accidents. In this post we have compiled 5 must-do’s in case of an occupational accident.
Watch Out for Additional Regulations: Notification Obligations Regarding Donations and Aid Sent Abroad
Amendments to the Law on Associations will place an obligation on associations to carry out a notification before aid is sent outside of Turkey. It has been determined that his issue will be further detailed in secondary legislation. Moreover, amendments on the Law on Aid Collection stipulate that "the procedures and principles in the aid disbursed domestically or abroad shall be determined by secondary legislation."
Cash Transaction Limits: The Obligation to Use Banks or PTT for Transactions
A monetary limit has been introduced regarding the cash transactions that associations may carry out. Associations will be obligated to carry out transactions exceeding the limit of TRY 7.000 regarding all kinds of income, expense, collection of revenues and payments through the PTT, banks or other financial institutions. An administrative fine shall be imposed directly on the members of the board of directors for a breach of this provision. The amount of the administrative fine shall be determined in accordance with the value of the transaction which exceeds the respective limit.