JUDICIAL RECESS 2018
Courts and authorities dealing with criminal cases suspend their work from July 20th to August 31st. Activities resume on September 1st. (CMK Article 331/1)
Urgent matters may continue during the judicial recess. The manner in which investigations, prosecutions related to detained individuals, and other matters deemed urgent will be carried out during the recess period is determined by the High Council of Judges and Prosecutors (CMK Article 331/2).
During the recess, regional courts of appeal and the Court of Cassation only review cases related to detained individuals (CMK Article 331/3).
Periods coinciding with the judicial recess do not run. These periods are considered extended by three days from the end of the recess (CMK Article 331/4).
WHAT DOES JUDICIAL RECESS MEAN? DETAILS
The judicial recess begins on July 20th and continues until August 31st. The new judicial year begins on September 1st. During this period, as a rule, no judicial proceedings can be conducted. Courts take a break.
During the judicial recess, as a rule, court cases and proceedings cannot be heard.
This includes: decisions on requests for temporary legal protection such as precautionary measures, provisional attachments, and the determination of evidence; requests for obtaining maritime reports and appointing dispatchers, as well as objections and other applications against these requests.
All types of alimony cases and cases or proceedings related to parentage, custody, and guardianship.
Correction of population registry records and related cases.
Cases filed by employees due to employment contracts or contracts.
Correction of population registry records and related cases.
Cases filed by employees due to employment contracts or contracts.
Requests for the issuance of a certificate of loss due to the loss of commercial ledgers and cancellation proceedings arising from the loss of valuable documents. Cases and proceedings related to bankruptcy and concordat, and the restructuring of capital companies and cooperatives through settlement.
Inspections decided to be carried out during the judicial recess.
Cases and matters falling within the court’s jurisdiction according to arbitration provisions.
Non-contentious judicial matters.
Cases and matters specified as urgent by law or decided by the court to be urgent upon the request of one of the parties.
The matters to be heard during the judicial recess are listed here. Questions should be resolved according to those listed here.
Cases related to paternity are now among the matters to be heard during the judicial recess. Therefore, for example, paternity cases are now among the cases heard during the judicial recess.
If the parties agree, or if it is a case heard in the absence of the other party, upon the request of the party present, the hearing of the above-mentioned cases and matters may be postponed until after the judicial recess.
The courts on duty handle the cases and matters to be heard during the judicial recess.
Appeals/cassation and correction of judgment reviews are also heard during the judicial recess.
During the judicial recess, other than those specified in the paragraphs above, the following actions are also taken: receiving petitions for lawsuits, counterclaims, appeals, and cassations, as well as the responses to these petitions, and petitions for renewing cases whose files have been closed; issuing judgments; all kinds of notifications; and sending files to another court, regional court of appeal, or the Court of Cassation. In cases and matters subject to the judicial recess, if the expiration of the periods determined by this Law falls within the recess period, these periods are deemed to be extended by one week from the day the judicial recess ends, without the need for a separate decision.
For example, the end date of the two-week period starting on July 0th is the end of working hours on August 24th. However, since this date falls within the recess period, the period starts from September 1st, i.e., it ends at the end of working hours on September 7th. However, the end date of the two-week period starting on August 28th is not within the judicial recess period, so the period normally ends at the end of working hours on September 11th.
The judicial recess applies only to cases and proceedings that have already been initiated. Time limits do not apply to cases, proceedings, or claims that have not yet been initiated, and these must be pursued during the judicial recess. Otherwise, the statute of limitations will expire, and the forfeiture period will end.
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