Overcome all obstacles to their freedom, Legal Aid a person’s rights and to ensure equality in the use of this freedom, attorneys fees and other costs of the court proceedings in the case of a temporarily absent the opportunity to meet the costs and expenses required to use the services of eclipses as well as free from immune attorney is allowed.
The legal aid agency is dec guarantee of the right to a fair trial and aims to create equality in the freedom to seek rights. As a dec of the principles of the social state and the rule of law, the state is obliged to create the necessary systems to ensure equality in the exercise of freedom of search of rights, and the legal aid institution was also created in order to implement these principles.
According to Article 334 of the Criminal Code entitled Persons who will benefit from legal aid;
(1) Without significantly complicating the livelihood of himself and his family, the necessary
who is partially or completely unable to pay the judgment or follow-up expenses
persons, in their claims and defenses, in requests for temporary legal protection and in enforcement proceedings,
they can benefit from legal assistance provided that their ”demands are clearly not devoid of justification”.
(2) Associations and foundations useful to the public, as they appear to be justified in their claims and defenses, and financial
he is unable to partially or completely pay the necessary expenses without getting into a difficult situation from an angle
if they are, they can use legal aid.
(3) The fact that foreigners can benefit from legal aid also depends on the reciprocity condition.
The person who has accepted the request for legal aid;
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) An advance payment by the State of all expenses that must be incurred during litigation and enforcement proceedings
be paid as.
d) If the case needs to be followed up with a lawyer, a lawyer whose fee will be paid later
it benefits from its provision free of charge until the finalization of the provision.
The court may also decide that the applicant should take advantage of some of the considerations set out above.
Legal aid is requested from the court where the actual claim or work will be decided; in enforcement and bankruptcy proceedings, it is requested from the executive court at the place where the follow-up will be made. 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.
A request for legal assistance during an application for remedies to the law is submitted to the district court of justice or
It is made to the Supreme Court.
The documents related to the legal aid request are exempt from all kinds of fees and taxes.
According to Article 337 of the Criminal Code, the court may decide on a request for legal aid without a hearing. However, upon request, the examination is carried out on a trial basis. In court decisions on the refusal of requests for legal assistance, the reason for not accepting the information and documents submitted is clearly stated.
Decisions on the refusal of a request for legal assistance can be appealed against by filing a petition to the court that issued the decision within one week from the date of its notification. Review the file for the appeal decision the court of Appeal a court of law in place that made the request for legal aid in the presence of more than one agency, as the number who was watching her apartment, the last numbered circle to the first chamber, that place is the only agency made the request for legal aid in a court of law if the court sends it to the nearest tasked with looking at the same things. The decision made as a result of the appeal review is final. If the request for legal aid is rejected, a request can be made again based on a serious subsequent reduction in solvency. Legal aid does not cover the costs of a previous trial.
If it turns out that the beneficiary of legal aid has provided false information about his financial situation as a result of his deliberate or gross defect, or if it is later understood that his financial situation has improved sufficiently, the legal aid decision is lifted.
All trial expenses postponed due to a legal aid decision, as well as advances paid by the State, are collected from a person who is found to be unfair at the end of a lawsuit or prosecution. If the person benefiting from legal aid is found to be unfair, if deemed appropriate, it may be decided that the trial expenses will be paid in equal monthly installments within a maximum of one year.
If it is clearly understood by the court that the collection of trial expenses paid or exempted by the State due to the legal aid decision will cause the victimization of the beneficiary of the legal aid, the court may decide to exempt him from payment in whole or in part in the judgment. The fee of the lawyer appointed by the bar association at the request of the court for the beneficiary of legal aid is paid from the Treasury as the cost of the trial. It is possible to obtain an application form sample from the bar associations that will be required to fill out for those who are requesting legal assistance. jul.