DICTIONARY OF LEGAL TERMS

(Under construction)


A B C D E F G H I J K L M N O P Q R S T U V W X V Z


A

ACCUSED: (Tur: SANIK) In criminal proceeding, the person, who is under suspicion of having committed a crime, from the beginning of the prosecution until the final judgment.

ACTION (CASE): (Tur: DAVA) Applying to the courts which are the state's organs for the provision of protection of a right by a verdict. Action; may be primary or subsidiary. It may be cited as controversial or noncontroversial, criminal, civil, administrative, public or personal action. The word of the “action” alone usually refers to civil actions (cases, lawsuits).

ALIMONY AD INTERIM: (Tur: TEDBİR NAFAKASI) This is a type of temporary alimony which has been resolved one of the spouses to pay the other one for himself/herself and for minor children staying with him or her on demand or ex officio during the divorce proceeding and which will continue until the decision of divorce is finalized. There may also be decided to be paid alimony ad interim to the spouse who is justified to live separately for either himself/herself or the minors living with him or her upon institution of a lawsuit by him or her.

ALIMONY OF PARTICIPATION : (Tur: İŞTİRAK NAFAKASI) A type of alimony that is resolved by judge on his or her behalf or upon request when decided to divorce or separation to be paid to the spouse to whom custody of children has been granted by the other spouse to whom costody of children has not been granted, in order to meet expenses of care and growth of the child/children. Child support.

ASSISTANCE ALIMONY: (Tur: YARDIM NAFAKASI) The type of alimony that someone is held obliged to pay to the brothers and sisters, ascendants and descendants of him or her who will fall into poverty if he or she does not help. The alimony to be paid for the education of a child who completed the age of 18 is also "assistance alimony".

ATTORNEY: (Tur: AVUKAT) The self-employed person who allocates his or her legal knowledge and experience to the service of justice and benefit of persons in arrangement of all kinds legal relationships, in settlement of all legal questions and disputes in accordance with justice and fairness, in implementation of legal rules straightly before every degree of judicial organs, arbitrators, official and private persons, committees and and institutions, and who renders public service.


B

BANKRUPTCY: (Tur: İFLÂS) It is the process of liquidation of all attachable properties through compulsory execution of a debtor (real or legal person) which is a merchant and about which has been decided bankruptcy by commercial court and of meeting of receivables of creditors that are known as much as possible.

BILL OF INDICTMENT: (Tur: İDDİANAME) Document submitted to the court having subject-matter and territorial jurisdiction with the request of the penalization of a person or application of a security measure about him or her by the prosecutor of the Republic in case the evidences gathered as a result of the investigation pursant to the Article 170 of the Criminal Procedure Code Numbered 5271 created a sufficient doubt that an action constitutes a crime.

BLUE CARD: (Tur: MAVİ KART) Official document which is granted to those who were Turkish citizen by birth and lost Turkish citizenship by taking renunciation permit and those who are descendants of them up to 3 rd degree specified in the Article 28 of the Turkish Citizenship Act numbered 5901 and which shows that those people can enjoy the rights vested to Turkish citizens other than the exceptions prescribed in the aforesaid Article.


C

CHILD (IN CRIMINAL LAW): (Tur: ÇOCUK) Any person who has not completed the age of eighteen yet according to the 6 th Article of the Turkish Criminal Code numbered 5237.

CIVIL ACTION: (Tur: HUKUK DAVASI) Making of formal application to the civil courts by natural or legal persons in accordance with the 118, 119 and 120 th Articles of the Turkish Code of Civil Procedures numbered 6100 with the assertion that their legal rights have been violated by counter party and with the request of protection of their legal rights which considered infringed in such a way that the damage to be prevented, to be compensated or in any other way by a verdict and the process of examination of that application.

CIVIL COURT OF PEACE: (Tur: SULH HUKUK MAHKEMESİ) It is the first degree one judged court to perform exemptional duties specified at laws together with the Civil Court of General Jurisdiction which has been assigned generally. Cases about rental disputes and elimination of joint ownership, non-contentious jurisdiction issues, cases of guardianship and renunciation of inheritance are some of the cases which are being handled at the Civil Courts of Peace.

COMPOSITION: (Tur: KONKORDATO) An agreement that has been made with the creditors of a debtor (having good faith) whose financial status has been deteriorated for reasons beyond his/her or its control and which becomes valid by the approval of the commercial court. In this agreement, the creditors withdraw from some portion of their receivables or accept payment of their due receivables in accordance with a new fixed term. Thus, the debtor becomes free from attachment and bankruptcy proceeding.

CONSTITUTION: (Tur: ANAYASA) The basic law that determines the form of government of a state, how the right of sovereignty over the country to be used, how the basic institutions of the state, the state organs such as legislative, executive and judicial bodies to function and which guarantees the fundamental rights and freedoms of persons and take part over other laws.

CONSTITUTIONAL COURT : (Tur: ANAYASA MAHKEMESİ) The high court established to check appropriateness of the laws (the amendments of the Constitution in terms of form only), decrees having force of law and of the Internal Regulations of the Turkish Grand National Assembly to the Constitution in terms of form and merits, to handle the individual applications related to the fundamental rights and freedoms violated by the State, to hear the closure cases related to the political parties and to perform the financial audit of them, to handle the legislative immunity of deputies and dropping of the deputyship, to try some high officials with the capacity of Supreme Criminal Tribunal for the crimes related to their duties, to elect the President of the Court of Jurisdictional Disputes and to perform other duties given by the laws. (MORE INFORMATION ►)

CONSTITUTIONAL LAW: (Tur: ANAYASA HUKUKU) A branch of law which contains the legal rules regulating the form of the state, its structure, its organs, duties and powers of them, their relations with each other and the fundamental rights and freedoms of the people.

COURT OF CASSATION: (Tur: YARGITAY) It is the final reviewing authority for decisions and verdicts rendered by the courts of justice and which the law have not left to another judicial authority. It is an independent high court serving in accordance with Article 154 of the Constitution of the Republic of Turkey, the provisions of the Law of the Court of Cassation No:2797 and other laws. (MORE INFORMATION ►)

CREDITOR: (Tur: ALACAKLI) The person who has the right to ask a person to fulfill a deed due to a debt relationship who is the other party of this relationship.

CRIME: (Tur: SUÇ) Actions or instances of negligence that the legal order deemed injurious with regards to the public order, general moral and interests of the state and which has prohibited and punished when committed. Violation of criminal law.

CRIMINAL ACTION (CASE): (Tur: CEZA DAVASI) It is the process of bringing a person before the court with the assertion that he or she has committed an action or actions that are regarded as crime by the laws and trial of him or her and deciding whether he/she will be punished because of his/her criminal actions and what punishment will be imposed, in case he/she was found guilty.


D

DEBT ENFORCEMENT AND BANKRUPTCY LAW (LAW OF COMPULSORY EXECUTION, LAW OF EXECUTION PROCEEDING): (Tur: İCRA VE İFLAS HUKUKU) The branch of law which includes and examines the legal rules related to obtaining receivables of the creditors through the power and means of the State is called Execution and Bankruptcy Law. Execution and Bankruptcy Law; is also called as Law of Compulsory Execution and Law of Execution Proceeding.

DEBTOR: (Tur: BORÇLU) The person who is under the obligation of performing a deed towards the creditor due to a debt relationship.

DEED: (Tur: EDİM) The act of giving something, doing something or not doing something that the creditor can ask from the debtor because of a debt relationship.

DEFENCE COUNSEL: (Tur: MÜDAFİ) The lawyer who defends the suspect or accused during the stages of criminal proceedings.

DEFENDANT: (Tur: DAVALI) It is a real or a legal person against whom/it a civil action is initiated and to whom/it is directed assertions in the petition of lawsuit presented to the court and requested to be rendered decision against him/her or it. In Turkish law, the term of "defendant" is not used in criminal cases. The party against whom the prosecutor filed an action on behalf of the public with suspicion of crime, is called the "accused" or “juvenile pushed to crime”.

DEFERMENT OF THE ANNOUNCEMENT OF THE VERDICT: (Tur: HÜKMÜN AÇIKLANMASININ GERİ BIRAKILMASI) Although a decision has been made in the criminal proceeding showing that the accused or juvenile pushed to crime committed crime and imposed punishment on him or her, that is the deferment of the announcement of that verdict on condition that they will not commit a deliberate offence during supervised release term which is 5 years for majors and 3 years for children. In order to be rendered the decision of “The Deferment of the Announcement of the Verdict”, it is condition that the accused or juvenile pushed to crime has not been sentenced from a deliberate offence previously, the court has reached a conviction that he or she will not commit any offence again, the damage of victim has been recovered, and besides the accused or juvenile pushed to crime has accepted to be rendered that verdict about himself or herself. The decisions of the Deferment of the Announcement of the Verdict can only be applied for imprisonments for a period of less than two years and judicial fines that were decided directly to be imposed.

DISTINGUISHING ABILITY: (Tur: AYIRTIM GÜCÜ) The ability of understanding, evaluating and distinguishing the reasons and consequences of one's conducts, acts and transactions. Not to be deprived of the ability to act reasonably because of any of the reasons such as minority, mental illness, mental weakness, drunkenness or similar reasons. Legal transactions made by the persons who have not distinguishing ability are not valid.


E

EXECUTION FORMS: (Tur: İCRA FORMLARI) Forms and documents that are used in execution proceedings pursuant to the By-Law of Debt Enforcement and Bunkruptcy Code. (Click for execution forms and documents)

EXECUTION PROCEEDING: (Tur: İCRA TAKİBİ) The process which has been initiated by creditors before state in order to collect their receivables by depending on a court decision or without it or to ensure performance of requirement of a court decision.


F



G

GAP: (Tur: BOŞLUK) Nonexistence of a legal rule that can be applied to a concrete case in the current law.


H



I

INVESTIGATION: (Tur: SORUŞTURMA) The stage which passes from learning of suspicion of having been committed a crime by competent authorities pursuant to the law and until the approval of the indictment.


J

JUDGE: (Tur: HÂKİM) Independent and impartial public personnel authorized to make judgments in relation to legal disputes among persons, administrative cases which the persons initiated against acts and transactions of the State, and the actions of persons against public order that are named as “crime” in a way prescribed by the Constitution and the laws and according to their personal convictions and who is subject to the Law of Judges and Public Prosecutors.

JUDGE OF JUVENILE: (Tur: ÇOCUK HÂKİMİ) The juvenile court judge who has rendered judicial decisions of measure to be applied about juveniles pushed to crime and the children who are in need of protection except those about whom prosecution have been initiated.

JUVENILE PUSHED TO CRIME: (Tur: SUÇA SÜRÜKLENEN ÇOCUK) The child about whom has been made investigation or prosecution with the allegation that he or she committed an act which has been defined as an offence in the laws or child about whom it has been decided to security measure because of an act committed by him or her.


K



L

LAW: (Tur: HUKUK) The system or body of rules established in a country or community by an authorized organ and applicable to its people and which its enforcement is ensured by public power. (MORE INFORMATION ►)

LAW OF OBLIGATIONS: (Tur: BORÇLAR HUKUKU) It is a private branch of law that regulates arising, provisions, types and termination of debt relationship.

LEGITIMATE SELF-DEFENSE: (Tur: MEŞRU MÜDAFAA) The act performed with compulsion of eliminating an unjust attack which was directed towards a right belonging to someone’s himself/herself or any other person, which was realized, its realization and repeatition is certain, in proportion with the attack according to the situation and conditions of that time. No penalty shall be imposed on the perpetrator for such acts.


M

MATRIMONIAL HOME: (Tur: AİLE KONUTU) A dwelling in which spouses performed all their life activities, lived their painful and sweet days and intensified their life activities.


N

NIGHT TIME (IN CRIMINAL LAW): (Tur: GECE VAKTİ) The time period which starts one hour after the sunset and continues until one hour before the sunrise according to the 6 th Article of the Turkish Criminal Code numbered 5237.


O

OFFENCES WITHIN THE SCOPE OF RECONCILIATION: (Tur: UZLAŞTIRMA KAPSAMINDAKİ SUÇLAR) Offences that have been taken under the scope of "reconciliation" by the lawmaker that are mentioned in the Article 253 of the Criminal Procedure Code numbered 5271 and the offences that are prosecuted on complaint cited in some other laws. (Click for list of "Offences Within the Scope of Reconciliation")


P

PERIOD OF LIMITATION FOR CRIMINAL ACTION: (Tur: DAVA ZAMANAŞIMI) That is the waiving of the state from instituting a criminal action against the perpetrator in case a certain time period passed from the time that crime has been committed according to the 66 th article of the Turkish Criminal Code numbered 5237.

PERIOD OF LIMITATION FOR EXECUTION OF PENALTY: (Tur: CEZA ZAMANAŞIMI) That is the waiving of the state from execution of a criminal sentence in case a certain time period passed from the time that the verdict has been finalized according to the 68 th article of the Turkish Criminal Code numbered 5237.

PERSON WHO HAS BEEN HARMED AS A RESULT OF CRIME: (Tur: SUÇTAN ZARAR GÖREN) The person who has not been material subject of a crime but who has been victimized “indirectly” because of it. For example, the relatives of the victim or those who undergone victimization due to the victim's death, id est the victim’s heirs.

PLAINTIFF (CLAIMANT): (Tur: DAVACI) The plaintiff (or claimant) is the person who initiates a lawsuit in a civil court against another person.

POVERTY ALIMONY: (Tur: YOKSULLUK NAFAKASI) The kind of alimony that is ruled by the final judgment of the divorce case, which will commence on the date of the finalization of the divorce order, and which one of the spouses has been held liable to pay the other one who will fall into poverty due to divorce.

PROSECUTION: (Tur: KOVUŞTURMA) The stage which passes from the approval of the indictment until finalization of judgment in criminal proceeding.

PROSECUTOR OF THE REPUBLIC: (Tur: CUMHURİYET SAVCISI) The public official who represents the assertion authority in criminal proceedings, who conducts investigation in the name of the state when crime news reached him or her, who collects evidences, initiates criminal case against perpetrators by drawing up indictment when required conditions developed, follows the case, performs other duties imposed by laws, and who is subject to the Law of Judges and Public Prosecutors.


Q


R

RECONCILIATION (IN CRIMINAL LAW) (TO BE RECONCILED): (Tur: UZLAŞMA) Being reached to agreement of the suspect or accused with the victim or the person who has been harmed as a result of crime due to an offence within the scope of reconciliation in accordance with the procedures and principles of the Code of Criminal Procedure and By-Law of Reconciliation at Criminal Procedure.

RECONCILIATION (IN CRIMINAL LAW) (TO MAKE RECONCILED): (Tur: UZLAŞTIRMA) The process of settlement of a dispute through making reached to agreement of the suspect or accused with the victim or the person who has been harmed as a result of crime or legal representative of him or her due to an offence within the scope of reconciliation by a reconciliator in accordance with the procedures and principles of the Code of Criminal Procedure and By-Law of Reconciliation at Criminal Procedure.

RECONCILIATION DOCUMENT: (Tur: UZLAŞMA BELGESİ) Even though reconciliation proposal has been rejected, the suspect and victim or the person who has been harmed as a result of crime may declare that they have reconciled with the document showing that they have reconciled by applying to the prosecutor of the Republic at least until the date the indictment was issued in the investigation phase, according to the 253/16 th Article of the Criminal Procedure Code numbered 5271. Also in cases where the reconciliation can be applied in the phase of prosecution, although reconciliation proposal has been rejected, if the accused and victim, intervener or the person who has been harmed as a result of crime have been reconciled among them; may submit to the court a document in accordance with Reconciliation Report shown at Annex-1 as much as it has been suitable to the nature of it according to the 26/1 st Article By-Law of Reconciliation at Criminal Procedure. So, that document which the parties submit to the prosecutor of the Republic or to the court, is called "RECONCILIATION DOCUMENT”.

RECONCILIATION REPORT (IN CRIMINAL LAW): (Tur: UZLAŞTIRMA RAPORU) The report drawn up in a number one more than the number of the parties and delivered by the reconciliation to the Reconciliation Bureau of the Office of the Chief Prosecutor of the Republic when the reconciliation procedures have been concluded in accordance with By-Law of Reconciliation in the Criminal Procedure.

RECONCILIATOR (IN CRIMINAL LAW): (Tur: UZLAŞTIRMACI) An attorney or a person who received legal education and has been appointed by the reconciliation bureau with the approval of prosecutor of the Republic and who administers reconciliation negotiations between the suspect or accused with the victim or the person who has been harmed as a result of crime in criminal proceeding.

RENTAL AGREEMENT: (Tur: KİRA SÖZLEŞMESİ) Rental agreement is such a contract that the leasegiver udertakes to grant the usage of or benefiting from something to the tenant and the tenant undertakes to pay the agreed rent in return for this.

REPRESENTATIVE: (Tur: VEKİL) The lawyer who represents the intervener, the person who got harm from crime or the person who is liable financially in criminal proceedings.

RETURNING OF THE BILL OF INDICTMENT: (Tur: İDDİANAMENİN İADESİ) Returning of the bill of indictment and investigation documents to the office of prosecutor of the Republic by the court so that the investigation phase can be carried out more effectively and be concluded in a short time after examination of all the documents related to the investigation process within fifteen days from the date of their presentation and in case where found missing or incorrect points, by stating and in order to be corrected them, according to the 174 th Article of the Criminal Procedure Code numbered 5271.

REQUEST OF EXECUTION PROCEEDING : (Tur: TAKİP TALEBİ) 1. The request which the creditor made in writing or orally to the Directorate of Execution in order to be initiated debt enforcement proceeding against debtor/debtors. 2. Printed petition that is presented to the Directorate of Execution by creditor with the request of the initiation of debt enforcement proceeding against debtor/debtors pursuant to Article 19/a of By-Law of the Execution and Bankruptcy Code. The other name of it is "Sample No:1".


S

STATE: (Tur: DEVLET) A community of people that lives on a certain piece of land, which has been organized in the form of a government politically and able to exercise its sovereignty with activities such as enacting and enforcing laws, collecting taxes, establishing various administrative institutions and courts, constituting armies and police forces on these lands.

SUSPECT: (Tur: ŞÜPHELİ) In criminal proceeding, the person who is under suspicion of having committed a crime at the stage of investigation.


T



U



V

VICTIM: (Tur: MAĞDUR) Passive subject in criminal law. The person who is directly harmed by the act which constituted crime.


W

WITNESS EVIDENCE (IN CIVIL ACTION): (Tur: TANIK DELİLİ (HUKUK DAVASINDA)) Witnessing in civil actions (lawsuits), is reporting to the court of the information which the persons who are not the parties of the lawsuit (third persons) acquired personally with their five senses about a fact that is subject of the action.


X



Y



Z