12 Dec Arraignment
Arraignment refers to the questioning of the party by the judge. Arraignment is a method applied in cases where the dispute still cannot be fully clarified, despite the examination of the evidence in the file. As any of the parties may make a request for arraignment , the judge may decide arraignment spontaneously. But the judge also does not have to accept this if one of the parties requests an arraignment . The parties cannot ask for his resignation. A request for arraignment can only be made for the opposite party. In a case, it is not possible for people other than the parties to be prosecuted. Arraignment can only be done in cases that form the basis of the case and in matters related to it. It was clear that there would be no recourse to the path of isticvap on clear issues that would not be a topic of discussion
If the party to be arraignment is a legal entity, its authorized representative will be arraignment . If a decision is made on the case of non-adult or restricted persons, the legal representative of that person will be made. HMK 171. article the results of the failure to attend the hearing are regulated by the invitation procedure of the party to the court. Accordingly, an invitation is issued that informs the party to be arraignment the day and time. If this invitation does not come without a valid excuse and leaves the questions unanswered, it is also written that arraignment will be considered to have accepted the cases. Despite this, if the interested party does not come to the hearing without justification or comes and leaves questions unanswered, it will consider that it has accepted the cases asked by the court.
HMK 173. in substance are arranged. As a rule, the person who decides on isticvap will be arraignment in person. HMK 170. the provision of the article is reserved. In accordance with the second paragraph, the judge was obliged to remind the party to which he will be arraignment that he must tell the truth. At the time of the arraignment , the opposite party and its proxies will also be present. The judge has no discretion in this matter. The fourth paragraph of the article prohibits the party to be isticvap from using written notes without the permission of the court. Arraignment is recorded in detail in order to be recorded in writing. The answers to the questions asked in the minutes and the explanations made by the party are recorded. After the minutes are read to the parties, they are signed by the party that arraignment . If the party to Isticvap avoids signing the minutes without justifiable justification, the judge specifies this situation in the minutes.
No Comments