20 May WHAT IS LEGAL AID, HOW TO REQUES LEGAL AID ?
In articles 334 of the Code of Civil Procedure and its continuation, a legal aid institution has been organized. 334. the article introduces a regulation on persons who will benefit from the legal aid regulation. “Persons who are partially or completely unable to pay the necessary costs of trial or follow-up, without significantly complicating the livelihood of themselves and their families, can benefit from legal assistance in their claims and defenses, temporary legal protection requests and enforcement proceedings, provided that their requests are clearly not without basis.” The legislator has introduced an exemption from judicial expenses for those who are economically incapable and seeks that the request is clearly not devoid of justification in order to benefit from this institution. In other words, the person who will apply to the judicial authorities with a request for legal aid must provide the grounds for applying for legal aid and documents of interest to prove that he is in economic incapacity. Otherwise, his request in this direction will not be accepted.
“THE FACT THAT FOREIGNERS CAN BENEFIT FROM LEGAL AID ALSO DEPENDS ON THE RECIPROCITY CONDITION.”
According to the provision of the law specifically introduced for foreigners, it has made it necessary for a foreigner to benefit from a legal aid facility on the condition of reciprocity. The fact that a foreigner can benefit from legal aid in the case that he will open in our country depends on the fact that this principle is applicable in the practice of law in his own country.
HMK 335, which expenses will be exempt from covering for the person who benefits from legal aid. it is regulated in the article. In case of applying to the court with a request for legal assistance, the court may decide on exemption from part or all of the above-mentioned expenses.
a. Temporary exemption from all trial and follow-up expenses to be made.
b. Exemption from providing guarantees for trial and follow-up expenses.
c. All expenses that must be incurred during litigation and enforcement proceedings are paid by the State in advance.
c. If it is necessary to follow up the case with a lawyer, the fee is paid Jul an attorney to be paid later.
A request can be made when filing a lawsuit for legal assistance, as well as a request can be made at any stage of the trial in the period leading up to the finalization of the provision. After the decision on legal aid is made, it continues until the decision is finalized.
A request for legal aid is requested from the court where the actual claim or work will be decided in terms of cases; in enforcement and bankruptcy proceedings, it is requested from the executive court at the place where the follow-up will be held. If you are applying for legal remedies, an application will be made to the district court of justice or the Supreme Court. The applicant must submit to the court, together with the summary of his claim, evidence on which he will base his claim and documents on his financial situation indicating that he is not in a position to cover the costs of the trial. The documents to be submitted regarding the legal aid request are exempt from all kinds of fees and taxes.
The documents that will be shown as a justification for the request for legal aid may be the knowledge of poverty. For this document, it will be possible to apply to the headman of the place of residence. There is no charge for the poverty certificate to be received. In addition to this document, a document on the economic situation will be available by submitting an application to institutions such as the District Governor’s Office, Municipality, place of residence. Jul.
Documents stating that they do not have any assets other than the knowledge of poverty will also be able to be shown as basic documents.
Regulation on the examination of the request for legal aid HMK 337. it is regulated by article. “The court may decide on the request for legal assistance without a hearing. However, upon request, the examination is carried out on a trial basis.” The court considers the request for legal aid on the basis of documents or, if requested, on a trial basis. in case of a decision on the refusal of a request for assistance, this decision must be made on a reasoned basis.
You can access our other article examples and petition examples by clicking here.
No Comments