WHAT IS A FORENSIC HOLIDAY?
Judicial Holiday is a period in which the studies in the Turkish Legal System are interrupted, it starts on July 20 each year and ends on August 31. All arrangements regarding judicial holidays are made with the legislation regarding the relevant Judicial Authority.
In the regulations of the Judicial Justice, Criminal Justice and the Administrative Justice regarding the judicial holiday, the periods and subjects are different from each other and it is useful to consider each of them separately.
In the 1st paragraph of the Article 102 of the Law on Civil Procedure No. 6100 titled “Duration of Judicial Holiday”
“The judicial holiday starts on the twenty of July every year and ends on the thirty-one August. The new forensic year begins in September. ” The provision is included.
In the first paragraph of the 104th article of the same law:
“In cases and works subject to judicial holidays, if the deadlines set by this Law coincides with the holiday time, these periods are also considered to be extended by one week from the day the judicial holiday ends without the need for a decision.”
It is stated that, in terms of the Civil Courts, it is concluded that the periods ending in the judicial holidays will be deemed extended by one more week.
A. Works Performed in Judicial Holidays in Civil Courts
In the 103rd article of the Civil Procedures Law No. 6100, the following cases and works are listed as follows:
a) Decision on temporary legal protection such as precautionary measures, precautionary lien and detecting evidence, requests for sea reports and appointment of dispatchers, and objections and other applications to be filed against them.
b) All kinds of alimony cases and lineage, custody and guardianship lawsuits.
c) Correction works and cases of population registers.
ç) Lawsuits brought by workers due to service contracts or employment contracts.
d) Requests to be given a certificate of loss due to the loss of commercial books and cancellations arising from the loss of valuable documents.
e) Actions and lawsuits regarding reconciliation of bankruptcy and concordat and capital companies and cooperatives through consensus.
f) Discoveries that are decided to be made on a forensic holiday.
g) According to the provisions of the arbitration, the cases and works that fall within the jurisdiction of the court.
ğ) Conflict-free judicial affairs.
h) Lawsuits and works that are stated to be urgent in the law or upon the request of one of the parties, and which are decided to appear urgently by the court.
(2) If the parties agree, or if the case is in the absence of one party, upon the request of the ready party, the above-mentioned works and cases may be left after the judicial holiday.
(3) In the judicial holiday, the lawsuits, counter lawsuits, appeals and appeals filed against the lawsuits and works other than those indicated in the above paragraphs, and the petitions to renew the cases whose files have been taken out of the transaction, to give an order, to give any kind of notification, to file another Transactions are also sent to a court, district courthouse or Supreme Court.
(4) The provisions of this article also apply to regional courts of appeal and Supreme Court investigations.
In the first paragraph of the article 331 titled “Judicial holiday” of the Code of Criminal Procedure No. 5271
“The authorities and courts dealing with criminal proceedings stop working from twenty July to thirty august, starting every September.”
It includes provision. In paragraph 4 of the same article
“The times coinciding with the judicial holiday do not work. These periods are deemed extended for three days from the day the holiday ends. ”
It is said that, in terms of Criminal Courts, the periods that end in judicial holidays will be deemed extended by 3 days.
B. Works Performed During Judicial Holiday in Criminal Procedure
Paragraphs 2 and 3 of Article 331 of the Criminal Procedure Code No. 5271 titled “Judicial holidays” describe the cases and works to be taken during the judicial holiday. According to this
“It is determined by the High Council of Judges and Prosecutors how the prosecution and other issues that will be considered as urgent with regard to the investigative and detained jobs will be fulfilled during the holiday period.
During the holiday, the Regional Courts of Appeals and the Supreme Court will only examine the work pertaining to the arrested judgments or the work that has been observed pursuant to the Law on Judicial Procedure of the Criminal Crimes. ”
In the 1st paragraph of the article 61 of the Law No. 2577 on Administrative Proceedings Procedure titled “interrupting the work”;
“The regional administrative, administrative and tax courts take a break from twenty-July to thirty-one august, starting every September.” It includes provision.
In the 3rd paragraph of the article 8 of the same law titled General Principles on Terms
“If the deadlines written in this Law coincide with the time of interruption of the study, these periods are considered to be seven days longer from the date following the day of interruption.”
It is said that, in terms of Administrative Jurisdiction, it is concluded that the periods coinciding with forensic holidays will be deemed extended by 7 days.
C Works Performed in the Judicial Holiday in the Administrative Jurisdiction
In the Administrative Jurisdiction, administrative and tax courts that are outside the city center where the district administrative court in which the judiciary is located cannot benefit from the work without interruption. These courts continue their duties without being subject to the restriction in article 62.
During the break; Upon the proposal of the President of the Regional Administrative Court, a Supreme Court of Judges and Prosecutors is established at each Regional Administrative Court Center, where three judges attend from among the chairman and members of the Administrative and Tax Court. The most senior chairman, or the most senior member, on duty remains the chairman of the court. ”
In addition, in the article 62 of the same law titled “Duties of the Sentry Court”: “The sentry court performs the following works within the period of interruption of work:
a) Works related to suspension of execution and determination of evidence,
b) Works that must be resolved by law within a certain period of time. ”
Legal arrangements have been made in the form.