Giant Judiciary Reform: 3-Month Limit on Hearings!
Official titleStatute No. 7589 on the Amendment of Certain Statutes Regarding the Effective and Efficient Operation of the Judiciary
With the Omnibus Statute No. 7589, which was adopted to increase efficiency in the judiciary, the avenue of appeal on facts and law / appeal on points of law has been opened against decisions on the deferral of the announcement of the verdict (HAGB), the threshold for lawsuits to be heard by a single judge in the administrative judiciary has been increased to 486,000 TL, priority has been granted to heirs in the sale of inherited immovable properties, and a 3-month time limit has been introduced for intervals between hearings.
Details of the Regulation
This comprehensive Omnibus Statute implements extremely significant structural reforms concerning procedure and substance in Turkey's judiciary system. With the amendment made to the Enforcement and Bankruptcy Statute, it is aimed to protect family property by introducing the rule that the first auction in sales for the dissolution of co-ownership of immovable properties acquired through inheritance shall be held exclusively among heirs. On the administrative judiciary side, it is aimed to alleviate the workload of courts by increasing the single-judge threshold to 486 thousand TL in administrative courts. With the revision to the HAGB in the Code of Criminal Procedure, which is one of the most remarkable amendments, the freedom of defendants to seek rights has been expanded, and the direct avenue of appeal on facts and law / appeal on points of law against these decisions has been opened. Furthermore, the possibility of a penalty reduction (by half) has been introduced for those who engage in participation in the offense of fraud by allowing another person to use their bank, credit card, or crypto-asset account information. Provisions such as the rule that intervals between hearings cannot exceed 3 months in civil lawsuits and the abolition of unliquidated claim lawsuits will also ensure the acceleration of proceedings.
Questions You Might Have
- I allowed a friend to use my bank or cryptocurrency account, and they committed fraud. What will be my situation?
- Under the new regulation, the penalty to be imposed on persons who engage in participation in the offense of fraud by allowing another person to use their account/card details will be reduced by half if their acts remained solely limited to this sharing of information; however, criminal liability still continues.
- We want our inherited house to be sold through enforcement, but we do not want foreigners to purchase it. How does this statute help us?
- In decisions on the dissolution of co-ownership through sale, the first auction is held exclusively among the heirs who are owners. Thus, before an outside foreigner can participate, the heirs have the opportunity to purchase the property among themselves.
- The hearing of my lawsuit has been postponed to 6 months later; is this legal?
- No, according to the new HMK regulation, the period between hearings cannot exceed 3 months. The judge may extend this period by stating a reasoning only in mandatory cases such as the prolongation of an examination by a court-appointed expert or letters rogatory.
Key Terms
- HAGB (Hükmün Açıklanmasının Geri Bırakılması)
- The situation where the penalty imposed on the defendant is kept under supervision for a period of 5 years under certain conditions, deemed never to have been imposed, and produces no legal consequences.
- Muhammen Kıymet
- The estimated market value of an asset determined by authorities.
- İstinaf
- The process whereby a decision rendered by a court of first instance is reviewed by a higher court (Regional Court of Justice / Regional Administrative Court) on both procedure and merits (facts and law).
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REGAS Commentary
This legislative amendment includes many practical changes that directly concern citizens. For example, if a jointly inherited house or building plot is to be sold through enforcement, a special first public auction will be held exclusively among the heirs before foreigners; thus, the family property will have a chance to remain within the family before going to a foreigner. For those who have a lawsuit, the best news is that hearings can no longer be postponed for months; judges will not be able to set an interval of more than 3 months between two hearings unless they present a valid excuse. In addition, criminal liabilities have been redefined for those who lease/allow others to use their bank or cryptocurrency accounts (knowingly or unknowingly, in exchange for money, etc.).