Non-pecuniary compensation lawsuits are a type of lawsuit in which individuals claim, through the court, compensation from those who caused the moral damage they have suffered. In order to be entitled to file a non-pecuniary compensation lawsuit, it is not necessary for the person from whom compensation is claimed to have caused a material loss with a monetary equivalent. Within the framework of the incident subject to the compensation lawsuit, non-pecuniary compensation is claimed in cases where the person falls into grief and sorrow, and where the person’s personal rights are harmed due to their human dignity. Non-pecuniary compensation lawsuits are based more on moral damages than on material facts. In summary, individuals must have been psychologically affected as a result of an incident.

What Is a Non-Pecuniary Compensation Lawsuit?

In non-pecuniary compensation lawsuits, in order for the relevant right to arise, an application is made to the competent and authorized court with a petition under the title of non-pecuniary compensation, either personally or through an attorney holding a power of attorney, for the purpose of calculating the compensation amount and claiming it from the person who committed the wrongful act. This written application is called a non-pecuniary compensation lawsuit.

There are certain situations and conditions required to file a non-pecuniary compensation lawsuit. These situations are listed below.

• A person who is cheated on by their spouse may claim compensation in addition to a divorce lawsuit,
• In cases of breach of contract, the injured party may claim compensation,
• If a person is involved in a crime, the victim may claim compensation,
• If a person feels sorrow, grief, and distress due to a wrongful act, they may claim compensation,
• If an employee experiences events such as loss of strength, loss of limb, or long-term and painful hospital treatment as a result of a work accident, they may claim compensation from their employer,
• The owner of the copyright of a work may file a non-pecuniary compensation lawsuit as a result of a copyright infringement,
• In cases such as incorrect treatment applied in a clinical environment, patients may claim compensation from their doctors,
• A person may file a non-pecuniary compensation lawsuit as a result of being subjected to an insult.

If you wish to file a non-pecuniary compensation lawsuit based on the reasons listed above, you may contact an expert Izmir compensation lawyer.

What Are the Conditions for Non-Pecuniary Compensation?

A number of conditions must be met in order to file a non-pecuniary compensation lawsuit. If you are faced with the situations mentioned in the paragraph above, you may contact Izmir lawyer offices to file a non-pecuniary compensation lawsuit. Since the competent court examines compensation lawsuits from all aspects, it evaluates whether the conditions listed below are met.

• The unlawfulness of the act committed must be clearly stated within the framework of the law.
• A moral damage must have arisen as a result of the act committed.
• It must be clearly stated whether an attack has been made on the values accepted as personal values of the individual.
• The persons responsible for the act must have fault, or one of the cases of strict liability stipulated by law must exist.
• An appropriate causal link must exist between the act committed and the moral damage that occurred.

In order to file a non-pecuniary compensation lawsuit, the conditions presented above must exist. If you wish to file a lawsuit based on these conditions, you should work with an expert lawyer.

After these non-pecuniary compensation conditions are met, filing a non-pecuniary compensation lawsuit before the competent and authorized courts is also one of the fundamental requirements. Before filing the lawsuit, the claim for non-pecuniary compensation, including evidence showing that the compensation conditions are met, must be prepared and submitted to the court together with the required fees and expenses. Defendants receiving such claims often argue that the criteria for moral damage have not been met. It should not be forgotten that whether the court will decide to award compensation depends on the non-pecuniary compensation conditions mentioned here. Therefore, this is one of the most important issues in the lawsuit process. However, the amount of non-pecuniary damage and how it is calculated is also one of the important details. You can easily make calculations under the heading “How Is Non-Pecuniary Compensation Calculated?”

How Is Non-Pecuniary Compensation Calculated?

Within the framework of the law, there is no mathematical formula for calculating the amount of non-pecuniary compensation. In such lawsuits, the subject matter is not a material loss, but the sorrow and grief suffered by individuals. While material compensation lawsuits are subject to the prohibition of unjust enrichment, this is not the case for non-pecuniary compensation lawsuits. In addition, the amount to be claimed in lawsuits is determined in line with certain criteria. When calculating the amount of non-pecuniary compensation, the competent courts take into account the criteria listed below. These criteria mainly include:

• The financial status of the plaintiff and the defendant subject to the lawsuit,
• The manner in which the incident giving rise to the lawsuit occurred and other special circumstances,
• The degree of fault of the parties depending on the claim,
• The extent of the victimization and pain suffered by the plaintiff.

Depending on the circumstances of the events listed above and the required actions, non-pecuniary compensation claims are evaluated. Filing a non-pecuniary compensation lawsuit may be accepted by the judge if the amounts stated in the petition are realistic. If the amount submitted to the court is below or above the calculated amount, the court may reject the claim. For this reason, you may ensure that all your lawsuits are followed up easily by working together with an expert Izmir compensation lawyer.

What Is Trade Union Membership? In this content, we will provide information on what trade union membership is, as well as membership inquiry and suspension situations. The Trade Union and Collective Bargaining Agreement Law No. 6356 entered into force in 2012. With this law, the principles regarding the management, supervision, functioning, organization, and activities of worker and employer unions and certain organizations are regulated, as well as the principles enabling workers and employers to conclude collective agreements in order to determine their mutual social and economic conditions and working conditions.

How Is Trade Union Membership Inquiry Made?

Trade union membership inquiry is one of the procedures that every citizen should periodically check and monitor. With the developing technologies in our country, you can easily and quickly learn whether you have a trade union membership through the e-government application. Trade union membership information is recorded in e-government systems. If you would like to obtain information about trade union membership inquiry procedures, you can follow the instructions below.

First of all, in order to inquire about your trade union membership, you must have an e-government password. If you do not have an e-government password, you can obtain one by going to the nearest PTT branch with your identity card. With your e-government password, you can easily make an inquiry by accessing turkiye.gov.tr and typing “Worker union membership procedures” or “Employer union membership procedures.”

Trade union membership inquiry procedures can be carried out online, as well as by phone. By calling the 160 hotline from your mobile phone and using your e-government password, you can easily complete your Trade Union Membership Inquiry procedures.

How Is Trade Union Membership Cancellation Made?

Just as membership can be easily obtained, cancellation procedures can also be carried out easily. Withdrawal from unions is regulated under Law No. 4688 on Public Servants and Collective Bargaining Agreements. According to these provisions:

• Every member may easily withdraw from union membership.
• A public servant who wishes to withdraw from membership must fill out the cancellation form in three copies and sign the required sections. After completing the required documents in full, the public servant may submit the documents to the relevant institution to complete the membership cancellation. The union officials receiving the documents provide the member with a signed copy of the withdrawal document bearing the date and registration number.
• Withdrawal from membership becomes effective within 30 days after applying to the public employer. During this period, the person may join another union only after the period expires.
• A decision to expel a member from the union is made by the union central executive board. The expulsion decision is notified in writing to the expelled person and the employer. Members may object to the expulsion decision within fifteen days from the date of notification. The court renders its final decision within two months. Membership continues until the expulsion decision becomes final.
• Union branch, federation, or confederation memberships, positions, and assignments to different service branches, as well as the memberships of federation members and their duties in federation branches and union bodies (as applicable), expire when their terms end; however, their obligations to the confederation, if any, continue. The duties of retirees in union branch, federation, or confederation bodies continue until the end of the term for which they were elected.

The continuation or suspension of membership is explicitly regulated under Law No. 2821 on Trade Unions.

In Which Cases Is Trade Union Membership Suspended?

Trade union membership is suspended in certain cases. The general circumstances regarding suspension are listed below.

• The union membership of members who change their line of work automatically terminates.
• The membership of a worker union member is suspended during periods of unemployment exceeding one year.
• If a member is called to arms due to compulsory military service, the membership relationship is suspended.

The question of what an eviction undertaking (tahliye taahhütnamesi) is has been one of the most frequently asked questions in recent years. A written declaration by a tenant residing in a leased immovable property stating that they will vacate the leased property on a specific date is called an eviction undertaking. The relevant undertaking narrows the scope of the provisions developed to protect the tenant—who is deemed the weaker party under the Turkish Code of Obligations—and grants the lessor the opportunity to terminate the lease relationship without the need for another reason and without any obligation to pay compensation.

Eviction Through an Eviction Undertaking?

Eviction through an eviction undertaking is not, by itself, a sufficient ground. It grants the right to use legal remedies to ensure the eviction of the tenant residing in the immovable property. Pursuant to Article 352 of the Turkish Code of Obligations, two different options are granted to persons who hold a valid eviction undertaking. These options are briefly as follows:

• Evicting the tenant from the immovable property by filing a lawsuit. This lawsuit is called an eviction lawsuit. As regulated by law, such lawsuits must be filed within one month starting from the date declared in the eviction undertaking for the tenant to vacate the immovable property.
• Another option is to apply for enforcement for the eviction of the immovable property. Through the enforcement office, the eviction of the tenant is ensured based on the eviction undertaking.

Both processes mentioned above are based on technical legal knowledge. For this reason, it is very important that the relevant processes be followed together with an attorney who is an expert in the field. If you have issues related to eviction lawsuits and wish to have them resolved correctly, you may contact an expert Izmir law office.

There Is an Eviction Undertaking but the Tenant Does Not Vacate — What Should Be Done?

If the tenant does not vacate the immovable property despite the existence of an eviction undertaking, there are a series of steps you should take. In residential leases, the tenant may have signed an eviction undertaking after the first lease year. Tenants who have signed such an undertaking must duly vacate the immovable property on the dates they specified. For the undertaking to be deemed valid, it must have been signed on a date subsequent to the execution of the initial lease agreement. The vacating date must be clearly stated on the undertaking, and it must contain a voluntary vacating date. On the other hand, even if a lease agreement has been signed, an eviction undertaking executed in the first year of the lease is deemed invalid. Therefore, the eviction undertaking must be signed after the date of the lease agreement.

If you ask, “There is an eviction letter prepared with all conditions and the tenant still does not vacate—what should I do?”, the answer is as follows: A lawsuit may be filed against tenants who promised to vacate but did not do so. In order to file a lawsuit or initiate enforcement proceedings, the tenant must be notified 30 days prior to the undertaking date. Enforcement proceedings and eviction requests will be initiated through law enforcement in written, verbal, or electronic form in accordance with the Turkish Code of Obligations. Subsequent expenses are borne by the debtor. The new Turkish Code of Obligations obliges tenants to pay rent. According to the relevant law, other methods are also specified for the lessor to terminate the contract. Under these methods, the landlord sends a notice 60 days in advance to a person who avoids their obligation to pay rent. If the tenant does not pay the rent during this notice period, the landlord may initiate enforcement proceedings for their receivables pursuant to the relevant laws. In enforcement proceedings filed with a request for eviction, an eviction decision will be issued as soon as possible for a tenant who does not pay the rent and for whom the eviction date specified in the lease agreement exists. Tenants faced with such a decision will be obliged to vacate the immovable property as soon as possible.

If you are facing a situation as described above, you may contact our expert attorneys to ensure that all your issues are resolved.

How Is an Eviction Undertaking Filled Out?

In some cases, a tenant may sign a blank eviction undertaking, and the vacating date specified in the contract may be determined after the tenant has signed. By law, for the eviction undertaking to be valid, the vacating date must be clearly stated. If the date is maliciously determined by the lessor after the tenant’s signature, the tenant may suffer damage. However, when we look at Court of Cassation decisions, we see that if the undertaking date is left blank and delivered to the claimant, the defendant must bear the consequences of the tenant’s actions.

How many days after filing a divorce petition does the court hearing take place? This question is frequently asked by spouses who are in the process of divorce. After deciding to divorce and submitting a petition to the relevant authorities, spouses wish to obtain information about the process. For the divorce case process to begin, one of the spouses must submit a petition to the court of first instance, upon which the proceedings commence. After the petition phase is completed, a hearing date is determined by the family court on average between 3 and 7 months. By applying to Izmir lawyer offices, you can carry out all these processes much more quickly.

When Is a Date Given for a Divorce Case?

The question of how many days after filing a consensual divorce petition the court hearing will take place is one of the most frequently asked questions by the parties. After the lawsuit is filed and whether a consensual or contested divorce process begins, the timing is determined not by the type of divorce, but by the case management policies and decisions of the court of first instance. All petitions from the parties must be served with notification, and a response period of 2 weeks must be granted. At the initial stage, after these procedures are completed, the petition must be submitted to the court by the defendant within the specified period. Once the application and notification process is completed, whether the divorce case is consensual or contested, the court will notify both parties of the hearing date and send the hearing date and time to the relevant addresses.

You may apply to Izmir divorce lawyer offices to expedite all these procedures.

Can the Parties Determine the Date of the Divorce Hearing?

In addition to the question of when the court hearing will take place after filing a divorce petition, another frequently asked question is whether the parties can determine the date of the divorce hearing. It is not possible for the defendant spouse to determine a hearing date at a time of their choosing. Since the case will proceed according to the order of the file and as deemed appropriate by the judge, the parties do not have the right to speed up or delay the proceedings, and any attempt to create such a situation by submitting a petition to the court is disregarded. When a divorce case will commence after being filed is evaluated by the court and the judge. Applications are processed with the payment of fees and advance costs, and it takes approximately 3 to 7 months for the defendant to be informed of the hearing date. The status of the defendant or the plaintiff, such as determining a hearing date, has never been included in the legal system. The Izmir Lawyer offices and the recommended Izmir divorce lawyer will easily carry out all necessary procedures.

What Is Required for a Consensual Divorce?

For a consensual divorce to be granted, the couple must reach an agreement in a written divorce protocol on the conditions concerning joint children and the financial consequences of the divorce. The judge must hear both parties and be convinced that their declarations of will are made freely, and must approve the agreement regarding the financial consequences of the divorce and the situation of the children. The judge may make changes to this agreement if deemed necessary, taking into account the interests of the parties and the children. In such a case, the parties must proceed with the divorce through amendment.

Where Should I File a Consensual Divorce Case?

In consensual divorce cases, the competent court is the Family Court. In cases where there is no Family Court, the competent court is the Civil Court of First Instance acting as a Family Court. The authorized court may be the court of residence of one of the spouses or the court of the place where the spouses have lived together for the last 6 months. You can easily carry out all your case procedures through an Izmir divorce lawyer.

What Is the Procedure in Consensual Divorce Cases?

Consensual divorce cases must be filed by submitting a petition and a divorce agreement to the competent and authorized court and by paying the necessary court fees. After the petition is examined, a hearing date will be set. If the court renders a divorce decision at the hearing, the decision will be recorded in the National Judiciary Informatics System. If the decision is duly served on the spouse and no objection is raised, the decision becomes final. The final decision is then transmitted to the population registry system. The case process ends when the decision is recorded in the population registry.

Procedures Carried Out at the First Hearing

At the first hearing of the divorce case, the court first examines the procedural requirements of the case. In this context, the court will determine whether the conditions listed in Article 114 of the Code of Civil Procedure are met. The court will assess whether it is authorized to hear the case, whether legal remedies are available, whether the court where the case was filed is responsible for resolving the dispute, whether the court has territorial jurisdiction, whether the plaintiff has the capacity to file a lawsuit, whether there is a right to sue, whether the attorney has the authority to represent the case, and whether a duly issued power of attorney exists if the case is filed through an attorney.

For example, it is known that in divorce cases, the competent court is the court of the place where one of the spouses resided for the last six months prior to the lawsuit or where the spouses last shared a common residence, pursuant to Article 168 of the Civil Code.

At the first hearing, the court will decide whether the court where the case was filed is the court of residence of one of the spouses or the court of the common residence during the last six months prior to the lawsuit.

After examining the merits of the case, the court will review the preliminary objections raised by the parties. According to Article 116 of the Code of Civil Procedure, preliminary objections include objections to jurisdiction where there is no mandatory jurisdiction rule and objections to arbitration.

Since divorce cases cannot be resolved through arbitration, the courts will only examine objections related to jurisdiction. According to Article 117 of the Code of Civil Procedure, preliminary objections must be raised by the defendant in their statement of defense. Objections not raised in the defense will not be taken into consideration by the judge.

After examining the procedural requirements and preliminary objections at the first hearing, the judge will definitively determine the disputed issues. At this stage, the judge will identify the material and moral claims of the parties related to the divorce.

Subsequently, the preparatory phase will begin. In fact, the resolution of the case consists of five stages: the petition stage, the preliminary examination stage, the investigation stage, the oral hearing stage, and the decision stage. The preliminary examination stage serves as preparation for the investigation.

During the preliminary examination, the court may grant the parties time to submit evidence. The parties do not directly submit evidence to the court; however, if the locations for collecting evidence are specified in the petition, the court will carry out the necessary procedures to collect such evidence. Additionally, if the parties state in their petitions that they will rely on witness testimony and present witnesses, witness summons may be issued.

Another important point regarding how the first-instance court conducts divorce proceedings is Article 7 of the Law on the Establishment, Duties, and Trial Procedures of Family Courts, titled “Procedural Provisions.”

According to the above provisions, before proceeding to the merits of the case at the first hearing, the judge will identify the problems faced by the spouses and children based on the nature of the divorce case and will encourage an amicable resolution of these issues.

If reconciliation between the spouses is not achieved, the proceedings will continue and the judge will render a decision on the merits. However, it should be noted that in divorce cases filed under Articles 166/III and 166/IV of the Turkish Civil Code, the judge’s duty to encourage reconciliation does not apply. Indeed, the nature of divorce cases filed under these provisions precludes reconciliation efforts.

You may easily choose Izmir divorce lawyer offices for your divorce procedures. You can contact us easily through our communication addresses.

You can easily access all the information you are curious about regarding divorce lawsuits due to dishonorable conduct on the Izmir Divorce Lawyer website. If one of the spouses exhibits severe dishonorable conduct during the marriage, one of the special grounds for divorce regulated under Article 162 of the Turkish Civil Code (TMK) is deemed to have occurred. Based on such conduct, a lawsuit may be filed due to dishonorable behavior. In the filed lawsuit, the spouse at fault is deemed to be grossly at fault. In summary, in cases of dishonorable conduct, it is required that one of the spouses deliberately attacks the honor and dignity of the other spouse in written or verbal form. During the proceedings, the judges assigned to the case will accept all concrete evidence related to the incident. You may contact expert Izmir lawyer offices to have the validity of your evidence reviewed. In these cases, the judges will examine the evidence related to the dishonorable conduct and will not deal with issues related to the continuation of the marital union. If a dishonorable act is committed by one of the spouses, the judges will inevitably grant a divorce. If the person who has been subjected to dishonorable conduct forgives their spouse during the proceedings, the case will be concluded. If you want your divorce case to be handled by reliable hands, you may apply to Izmir Lawyer offices.

What Is Dishonorable Conduct?

Under this heading, you can find all the explanations you are curious about regarding Court of Cassation decisions on divorce due to dishonorable conduct. During disputes between spouses, dishonorable conduct offenses may sometimes be committed. Examples of such conduct include profanity, insults, humiliating statements, and defamatory posts or messages. In addition to these behaviors, acts such as adultery and slander are also considered dishonorable conduct.

Adultery by a Spouse on the Verge of Divorce

Another important criterion in this context is that adultery offenses may also be evaluated within the scope of this lawsuit. According to previous decisions of the Court of Cassation, if one of the spouses who is in the process of divorce engages in sexual relations with another person, this constitutes a ground for divorce under Article 162 of the Turkish Civil Code. Moreover, interactions other than adultery have also been characterized as dishonorable conduct in Court of Cassation decisions.

Insults and Slander Directed at Honor and Dignity

Insults and slander committed within the framework of disputes and dishonorable conduct between spouses also constitute grounds for divorce before the Court of Cassation. For example, if one spouse tells others that the other spouse is living an immoral life, the court may grant a divorce based on dishonorable conduct. If you are facing such a situation, you may apply to our Izmir Divorce Lawyer office. Our expert lawyers will closely follow all your procedures.

What Are the Conditions for Divorce Due to Dishonorable Conduct?

The relevant matters for filing divorce lawsuits due to dishonorable conduct are regulated under Article 162 of the Turkish Civil Code.

Conditions for Divorce Due to Dishonorable Conduct

• If one of the spouses proves that the other has attempted against their life or has treated them badly, they may file a lawsuit.
• If one of the spouses is subjected to dishonorable conduct by the other spouse, they may file a divorce lawsuit.
• If approximately 6 months pass after the party entitled to file the lawsuit learns of the ground for divorce, the right to file a lawsuit is lost.
• A person who forgives the offense committed against them loses the right to file a lawsuit.
• The dishonorable conduct subject to the lawsuit must be of a severe nature.

If you are facing such a situation, you may consult Izmir Lawyer offices.

What Is Severe Dishonorable Conduct?

In divorce cases based on dishonorable conduct, if one party is found to have gross fault, the conduct is deemed to be dishonorable. Although this is not a separate type of lawsuit, evaluations are made in accordance with Court of Cassation decisions on divorce due to dishonorable conduct. During the trial, the fault assessment of the parties will be made based on the evidence you present. The judge assigned to the case determines the responsibilities of the spouses according to the place and time of the incident. If the judge determines that severe dishonorable conduct has occurred, the judge may terminate the marriage.

Which Behaviors Are Considered Dishonorable Conduct?

• It is not necessary that the acts committed meet all the elements of the crimes of insult and defamation regulated under the Turkish Penal Code, or that they constitute a crime under criminal law. In addition, in divorce cases, previous Court of Cassation decisions on which the cases are based and the procedures in criminal cases are also taken into consideration.
• The malicious conduct must have been committed deliberately and with the intent to humiliate, belittle, or demean. However, behaviors exhibited momentarily due to anger during a fight between spouses, or analogies made jokingly, are not considered dishonorable conduct by the court.
• The spouse who exhibits severe dishonorable conduct must have acted knowingly and willingly, and must have the capacity for fault.

How Is Dishonorable Conduct Proven?

Disgraceful behavior and dishonorable conduct are among the special grounds for divorce in our civil law and constitute absolute grounds for divorce. Therefore, in a divorce lawsuit filed on this basis, it is sufficient to prove only this ground. In other words, the spouse seeking divorce does not need to prove that the foundations of the marriage have been shaken. Proof of the existence of one or more of the grounds listed in the article is sufficient for a divorce decision. For example, if a spouse sends a WhatsApp message containing serious insults, this constitutes evidence of dishonorable conduct. If the spouse proves this ground, there is no need to investigate or prove whether the marital life has become unbearable, because in such cases it is not expected that the spouses continue their marital union.

Which Court Is Competent and Authorized in Such Cases?

The courts competent to hear divorce cases are the family courts. If there is no family court in the region where the spouses reside, the competent courts are the civil courts of first instance. The authorized court is the court of the place where either of the parties has resided for 6 months. If you have been subjected to dishonorable conduct, an Izmir divorce lawyer is recommended. Divorce lawyers in Izmir continue to perform their duties effectively.

In this content, we have provided detailed information about filing a Divorce Lawsuit Due to Dishonorable Conduct. If you intend to file a divorce lawsuit against your spouse, you may work with an Izmir divorce lawyer. The Izmir divorce lawyers who will serve you consist of recommended and experienced legal teams. In addition, our expert lawyers will closely assist with the evidence to be submitted in the cases.

Within the framework of our laws, the crime of document forgery and its penalty are divided into two categories: forgery of a private document and forgery of an official document. Within this scope, the types of crimes are defined in the Turkish Penal Code and their characteristics are specified. By carefully reading this content, you can easily find answers to all your questions such as the penalty for forgery of an official document, whether the penalty for document forgery can be converted into a fine, and how many years of imprisonment are imposed for document forgery.

Forgery of an Official Document

The crimes of forgery of an official document are regulated within the framework of the Turkish Penal Code and concern public interest; for these reasons, the state always protects the persons who are victimized. Since acts of document forgery do not only affect a single person but also endanger public trust, the injured party is always the state. This crime is included in the category of disgraceful crimes in the Turkish Penal Code. In order to impose a penalty for document forgery, it must be understood from the relevant document who made the alteration to the official document. If the person committing the forgery is a public official and unlawfully alters a document that they are authorized to issue, the penalty imposed is increased. For the crimes set out in Article 204 of the Turkish Penal Code to occur, the element of intent—acting knowingly and willingly—is required.

How Does the Crime of Document Forgery Occur?

Within Article 204 of the Turkish Penal Code, multiple alternative acts are envisaged for the crime of forgery of an official document to occur. If one of these acts is committed, the crime of forgery of an official document will have been committed. Briefly, these acts are as follows:

• Issuing a forged official document,
• Using forged documents that have been issued,
• Altering a genuine document in a manner that deceives others

For the official who alters a document issued by virtue of having the duty and authority, multiple alternative acts are also envisaged. These include the authorized official issuing a document in a manner contrary to the truth. In summary, if it is determined that an official who is authorized to issue a document has issued the required official document contrary to the truth, the penalty for document forgery will be increased compared to the standard penalty. For the elements of the crime to be established, the acts of issuing and using the same document must be present together. For example, it is sufficient for the formation of this crime if the authorized official places a forged document they issued into a drawer with the intention of using it.

Within Article 207 of the Turkish Penal Code, multiple alternative acts are envisaged for the crime of forgery of a private document to occur.

• Knowingly and willingly using a private document known to be forged,
• Issuing a private document in a forged manner and using it,
• Altering an existing private document in a manner that deceives others and using it

Unlike the crime of forgery of official documents, for the crime of forgery of a private document to occur, the document must both be forged and used. The mere issuance of a private document is not considered a crime. For it to be deemed a crime, the relevant document must also be used.

What Is the Penalty for Forgery of an Official Document?

The penalty for forgery of an official document is specified as a disgraceful crime under the Turkish Penal Code, and its sanction is imprisonment. Within this scope, issuing a forged document, altering a genuine document in line with one’s own interests, or using a forged document is punishable by imprisonment from 2 to 5 years under our laws. If you are faced with this crime, you may seek support from Izmir criminal lawyer offices. A criminal lawyer in Izmir will assist you within the province and defend you against the accusations you face related to this crime.

If the acts carrying the penalties set out above are committed by a public official who is authorized to issue documents, the relevant penalty is regulated as imprisonment from 3 to 8 years. In cases where the forged documents are treated as valid documents unless proven otherwise, the penalty to be imposed is increased by half. In addition to all these, our laws provide two different provisions to be applied for official and private documents. Accordingly:

If a person uses a document they have forged to commit another crime, the person is punished separately both for the crime of document forgery and for the crime committed. Moreover, if a person issues a forged document to prove their receivables arising from a legal agreement, the penalty to be imposed is reduced by half. For such cases, you may consult Izmir lawyer offices.

What Is the Crime of Forgery of a Private Document?

Today, private documents can be issued easily by anyone. Private documents are frequently issued and put into use. Examples of private documents include petitions, invoices, and contracts. For the crime of forgery of private documents to be committed, an element of intent is required. For both the crime of forgery of an official document and the crime of forgery of a private document, it is necessary that the person acts knowingly and willingly for the crime to be established.

Penalty for Forgery of a Private Document

The penalty for altering private documents is imprisonment from 1 to 3 years. The law does not provide alternative or cumulative penalties for this crime. If the listed acts are committed by the same person at different times using the same document, a single penalty will be imposed on the offender. Our Penal Code introduces two provisions applicable to both private and official documents. Accordingly: If a person uses a forged document in the commission of another crime, they are punished separately for document forgery and for the other crime committed. If the parties have legitimate receivables arising from their relationship and commit the crime of forgery to prove or record the actual situation, the penalty is reduced by half.

What Are the Types of Document Forgery?

The types of document forgery are divided into several subcategories. Based on this information, the crime of forgery may be committed in forms such as issuing a document, using a document, or altering a document issued by an institution.

Qualified Forms of the Crime of Document Forgery

If an official document is a valid document, a fine amounting to half of the penalty is imposed until its falsity is proven. As a form requiring a lesser penalty, if the parties have receivables arising from legal relationships and commit the crime of forgery to prove or record the actual situation, the reduced penalty is decreased by half.

Suspension of the Crime of Document Forgery

Whether this situation occurs will vary depending on the amount of the penalty to be imposed by the court. If the person under probation does not commit another intentional crime, the defendant will be deemed not to reoffend and may be sentenced to imprisonment of 2 years or less.

Judicial Fine in the Crime of Document Forgery

The law does not provide for only a judicial fine, an alternative judicial fine, or both imprisonment and a judicial fine for document forgery. The penalty for this crime is imprisonment. However, in the case of false declaration, even if a person misleads a public official authorized to issue an official document by making a false statement, they are punished with imprisonment from 3 months to 2 years or with a judicial fine. In such cases, a judicial fine is offered as an alternative to imprisonment. The judge will decide on one of these.

You may choose Izmir lawyer offices to defend you in all your cases related to the crime of document forgery. Izmir lawyer offices will review your file before the case and carry out all necessary procedures on your behalf.

What is a Child Support Increase Lawsuit? You can review this content to obtain information about what child support increase lawsuits are and how long they take. Together with Izmir lawyers, you can also obtain detailed information about child support increase lawsuits.

What Is a Child Support Increase Lawsuit?

A Child Support Increase Lawsuit is a type of lawsuit that is quite common in our country. Depending on changing economic and social conditions and needs, the amount of child support determined in a divorce case may become insufficient. If the child support ruled by the court is not sufficient, a lawsuit may be filed to increase the amount of child support. Considering that the amount of child support determined by the court may still be low under current conditions, a child support increase lawsuit may be filed. Before moving on to what a child support increase lawsuit is and its details, it is necessary to provide information about the types of child support. The Turkish Civil Code provides for 4 types of child support. These are;

• Poverty alimony
• Temporary alimony
• Maintenance support
• Participation alimony

How Long Does a Child Support Increase Lawsuit Take?

Child support increase lawsuits are filed on your behalf under the guidance of an Izmir family lawyer. Although there may be variations in alimony cases depending on the type of lawsuit, according to the decision of the competent court, the process takes approximately 1 year on average.

How Is a Child Support Increase Lawsuit Filed?

A child support decision rendered in a divorce case does not constitute a final judgment. Due to developments in the financial situations of the parties or new needs, an increase in child support may be required. The child support creditor must file a lawsuit by stating the request and the reasons for the increased support. Due to the simplicity of the procedures in this type of lawsuit, both parties have the right to file a claim. The judge may render a decision without holding a hearing or, if necessary, may continue with up to two hearings. Therefore, your application must be clear, comprehensive, and well explained, and the evidence you rely on must be clearly specified. Otherwise, you will inevitably lose your rights. Having your petition prepared by a specialist and following this process will yield positive results for you. In addition, due to the simplified procedure of child support increase lawsuits, the trial period is relatively shorter compared to divorce cases. You may file a child support increase lawsuit and challenge filed lawsuits through an Izmir criminal lawyer.

When Is a Child Support Increase Lawsuit Filed?

There is no statute of limitations or prescription period for requesting an increase in child support. As long as child support continues to be paid, child support creditors may file a lawsuit for an increase in child support at any time due to a change in circumstances and for a justified reason. If positive or negative changes in the economic situation of the child support debtor or creditor persist for a period of time, a lawsuit may be filed requesting an increase in child support.

After a child support decision is rendered, if the financial situation of the person paying the child support improves, or if the financial situation of the child support creditor worsens, or if required by a sense of equity, the judge may decide to increase the paid child support. You may apply to Izmir lawyer offices for your child support increase lawsuits.

When Is a Child Support Increase Lawsuit Concluded?

The trial procedure of a child support increase lawsuit is a simplified trial procedure. A simplified trial process results in a faster decision-making process. The appeal stage includes the objection of the plaintiff and the defense of the defendant. As in divorce cases, no response is received during the defense and second lawsuit stages.

Due to the simplicity of the procedure and the short duration of the trial in child support increase lawsuits, all evidence must be clearly stated in the petition, the place where the evidence is submitted must be specified, and the place where the evidence is collected must be indicated. Documents obtained from relevant institutions must be submitted in writing.

The prohibition of extension and defense begins when the defendant submits a defense against the plaintiff’s petition.

After the petition phase is completed, the court may decide on the documents or proceed to the investigation phase by holding a hearing. In the simplified trial procedure, a maximum of two hearings may be held. There may be a maximum interval of one month between hearings. It is observed that child support increase lawsuits take less time compared to divorce cases.

You can easily obtain the results you desire in child support cases through an Izmir Lawyer.

What is a general amnesty? You can easily access the answers to all the questions you are curious about, such as which crimes are covered by a general amnesty, through this page. You can also easily ask more detailed questions you may have about general amnesty to criminal lawyers at Izmir branches.

What Is General Amnesty?

Amnesty is one of the most important issues affecting prisoners and their families. Our law divides the amnesty system into general amnesty and special amnesty. Amnesty is a legal practice that dismisses public prosecutions and removes criminal convictions and their consequences.

Special amnesty, on the other hand, is a legal practice that may reduce a sentence, convert it into a judicial fine, or completely eliminate it. Neither type of amnesty eliminates the crime itself. For this reason, crime victims may file material or moral compensation lawsuits to obtain their rights. Independently of amnesty, it is not possible to recover fines paid for the crime or confiscated property.

By choosing Izmir Lawyer branches, you can obtain much more detailed information about general amnesty laws.

Which Crimes Are Covered by General Amnesty?

An amnesty may be issued to eliminate all legal consequences related to a crime or a group of crimes committed before a certain date, or it may be issued to eliminate all legal consequences of a specific crime.

The legal consequences of an amnesty include the following:

• If an amnesty is declared, an ongoing criminal investigation ends with a decision of non-prosecution.
• Public cases filed and ongoing before criminal courts are dismissed.
• Finalized criminal convictions are eliminated together with all their consequences. In short, the sentence is not executed.
• All amnesty-related penalties are removed from the criminal record by deleting the criminal record.
• Even if an amnestied offender commits a new crime, recidivism rules are not applied. If an amnestied offender commits another crime, a decision of suspension of the pronouncement of the judgment may be rendered as a result of the trial. However, for offenders who reoffend, a decision to postpone the sentence cannot be made.
• If disciplinary penalties imposed on public officials result from a conviction, these disciplinary penalties are generally also pardoned together with the general amnesty. If disciplinary penalties were not imposed as a conviction, general amnesty laws do not apply to such penalties.

What Happens If a General Amnesty Is Declared?

According to Article 65 of the Turkish Penal Code, if a general amnesty is declared, pending public cases are dismissed and finalized sentences are eliminated together with all their consequences. Depending on the sentence imposed, the deprivation of rights specified in the penalty provisions continues.

General Amnesty: It is a criminal law institution concerning the dismissal of public cases or the elimination of all consequences of criminal sentences. It is also possible for a general amnesty to be issued for a single specific type of crime. General amnesty applies to both imprisonment sentences and judicial fines.

By consulting an Izmir criminal lawyer, you can inquire whether your case is subject to general amnesty provisions.

Who Decides on the Declaration of a General Amnesty?

The legal basis of general and special amnesties derives from the Constitution. The authority to declare an amnesty or special amnesty belongs to the Grand National Assembly of Turkey. An amnesty decision may be adopted by the Grand National Assembly of Turkey with a three-fifths majority of the total number of members. In other words, at least 360 members of parliament must vote in favor of an amnesty or special amnesty decision. Amnesty may be enacted by members of the Grand National Assembly of Turkey, while special amnesty may be enacted by the decision of these members and the President. However, no amnesty may be declared for crimes committed against forests.

By choosing the Izmir Lawyer branch, you can much more easily access answers to all your questions and information about your cases.

About the Marriage Contract

You can easily access all the information you are curious about regarding the marriage contract through this content. In recent years, marriage contracts made between couples who are about to get married have become extremely popular. By carefully reading our content, you can learn all the details such as how a marriage contract is made and how it can be canceled by an Izmir family lawyer.

What Is a Marriage Contract?

A marriage contract is an agreement made between spouses before or during marriage that contains provisions regulating marriage, divorce, and post-divorce procedures. The marriage contract essentially regulates how property will be distributed after divorce, that is, which system the spouses’ assets belong to. Although freedom of contract is the general rule, spouses do not have unlimited freedom in determining the type of property regime. For this reason, in this article we will focus on the determination aspect of the property regime in marriage contracts.

How Is a Marriage Contract Made?

What is meant here is actually the formal requirement of the property regime contract. In our legal system, spouses may conclude a property regime contract by submitting a written declaration to an authorized officer before marriage, or after marriage with notarization or approval by a notary public. The contract is signed by the husband and wife and, if necessary, by their legal representatives. It is seen that the contract complies with the official format requirements. Although pre-marriage notifications to public officials are made in the usual written form, they follow an official procedure. Other than this, no other authority or institution has the power to prepare or approve property regime contracts.

When Is a Marriage Contract Made?

A property contract may be made with the consent of the parties before or after marriage. As we all know, a marriage contract is made before a notary public in the presence of the parties. The property regime contract concluded before a notary may be executed by issuance or approval. In addition, the parties may also declare in writing which property system they prefer while applying for marriage.

Where Is a Marriage Contract Made?

It is a mandatory element that the property regime contract concluded before a notary public be signed by all parties. Without the signature of any one of the parties, the relevant contract shall be deemed legally invalid. If a contracting party is a minor or has limited capacity, the legal representative must sign the contract.

How Is a Marriage Contract Canceled?

According to the laws currently in force, if the spouses did not choose a property regime between themselves at the stage of marriage, the regime of participation in acquired property is applied. If the spouses have not preferred another property regime, it is known that the regime of participation in acquired property is valid. However, a spouse may always accept the previous or another property regime in order to conclude a contract under a new property regime.

However, in some cases, upon the request of one of the spouses, the acquired property regime may be changed to separation of property.

In order to switch to separation of property, the spouses must be able to prove the existence of a justified reason.

These reasons may include the following:

If the other spouse’s assets and liabilities or shares in the partnership decrease, if the interests of the other spouse, the claimant, or the partnership are endangered; if the other spouse does not consent to the unjustified transfer of partnership property; if the other spouse does not provide information to the requesting spouse regarding assets, income, debts, or partnership property; if the lack of capacity of another partner continues. If the party who decided to accept the joint enterprise goes bankrupt, there is no need to file a separate lawsuit, and the partnership automatically turns into separation of property. Likewise, if a creditor who initiates enforcement proceedings against one of the spouses who accepted the community of property suffers damage in the execution of the seizure, the creditor may request the judge to decide on separation of property.

If one of the spouses is frequently deprived of the power of discernment, the legal representative may also request a decision for separation of property on this ground.

If the reasons for property division cease to exist, the judge may decide to reinstate the former property regime upon the request of one of the spouses.