In order to overcome the obstacles to people’s freedom to seek their rights and to ensure equality in the use of this freedom, legal aid is the provision of temporary immunity from the litigation expenses required by the case, as well as free legal services, for those who cannot afford attorney fees and other trial expenses.
The legal aid institution is the guarantee of the right to a fair trial and aims to create equality in the freedom to seek justice. In accordance with the principles of the social state and the rule of law, the state has to create the necessary systems to ensure equality in the use of the freedom to seek rights, and the legal aid institution was established to implement these principles.
According to HMK Article 334 titled Persons who will benefit from legal aid;
(1) Without significantly impairing the livelihood of himself and his family,
who are incapable of paying, in whole or in part, the litigation or follow-up expenses
persons, in their claims and defenses, requests for temporary legal protection and enforcement proceedings,
They can benefit from legal aid provided that their “requests are not clearly unfounded”.
(2) Publicly beneficial associations and foundations, where they appear to be justified in their claims and defenses and their financial
unable to pay the necessary expenses in whole or in part without falling into a difficult situation
If they are, they can benefit from legal aid.
(3) Foreigners’ ability to benefit from legal aid is also subject to the condition of reciprocity.
The person whose request for legal aid is accepted;
a) Temporary exemption from all litigation and follow-up expenses.
b) Exemption from providing security for trial and follow-up expenses.
c) All expenses to be incurred during the lawsuit and enforcement proceedings must be paid in advance by the State.
to be paid as.
d) If the case needs to be followed up with a lawyer, a lawyer must be appointed, the fee to be paid later.
benefit from the provision free of charge until the verdict is finalized.
The court may also decide that the requester will benefit from some of the above-mentioned issues.
Legal aid is provided by the court where the main request or matter will be decided; In enforcement and bankruptcy proceedings, it is requested from the enforcement court where the proceedings will be carried out. The person making the request must submit to the court a summary of his claim, the evidence on which he will base his claim, and documents regarding his financial situation showing that he is not in a position to cover the costs of the trial.
When applying for legal remedies, the request for legal aid may be submitted to the regional court of justice or
It is made to the Supreme Court.
Documents related to the request for legal aid are exempt from all kinds of fees and taxes.
According to HMK Article 337, the court may decide on the request for legal aid without holding a hearing. However, upon request, the review is conducted with a hearing. In court decisions regarding the rejection of legal aid requests, the reason for not accepting the information and documents submitted is clearly stated.
An objection may be made to the decisions regarding the rejection of the request for legal aid by submitting a petition to the court that made the decision within one week from the notification. The court whose decision is objected to, sends the file to review the objection, if there is more than one chamber of the civil court from which legal aid is requested, to the chamber following it in number, to the first chamber for the chamber with the last number, and if there is only one chamber of the civil court from which legal aid is requested in that location, it sends the file to the nearest court responsible for handling the same matters. The decision made as a result of the objection review is final. If the request for legal aid is rejected, a new request may be made based on a subsequent serious decrease in the ability to pay. Legal aid does not cover previously incurred litigation expenses.
If it is revealed that the beneficiary of legal aid provided false information about his financial situation deliberately or as a result of gross negligence, or if it is later understood that his financial situation has improved sufficiently, the legal aid decision will be annulled.
All trial expenses postponed due to the legal aid decision and advances paid by the State are collected from the person who is found to be wrong at the end of the lawsuit or prosecution. If the person benefiting from legal aid is found to be wrong, it may be decided that the trial expenses will be paid in equal monthly installments within a maximum of one year, if deemed appropriate.
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 beneficiary of legal aid to suffer, the court may decide to exempt the person from payment in whole or in part in the judgment. The fee of the lawyer appointed by the bar association upon the request of the court for the person benefiting from legal aid is paid from the Treasury as a trial expense. It is possible to obtain a sample of the application form that those who will request legal aid must fill out from bar associations.