The institution of legal aid is regulated in Articles 334 and the following of the Code of Civil Procedure. Article 334 has brought a regulation about the persons who will benefit from the legal aid regulation. “People who are partially or completely incapable of paying the necessary trial or follow-up expenses without putting their own and their family’s livelihood into a serious difficulty can benefit from legal aid in their claims and defenses, temporary legal protection requests and enforcement proceedings, provided that their demands are not clearly groundless.” The legislator has provided exemption from the costs of litigation for those who are economically incapable, and seeks that the request must not be clearly groundless in order to benefit from this institution. In other words, the person who will apply to the judicial authorities with a request for legal aid must submit the reasons for the application for legal aid and documents that prove that he is in financial insolvency. Otherwise, this request will not be accepted.
“THE FOREIGNERS’ UTILITY TO BENEFIT FROM LEGAL AID IS ALSO SUBJECT TO THE CONDITION OF reciprocity.”
According to the provision of the law specially introduced for foreigners, the benefit of a foreigner from the legal aid institution is subject to the condition of reciprocity. The ability of a foreigner to benefit from legal aid in a lawsuit filed in our country depends on the applicability of this principle in the law practice in his own country.
The exemption from covering the expenses for the person benefiting from legal aid is regulated in Article 335 of the Code of Civil Procedure. In case of application to the court with a request for legal aid, the court may decide to exempt some or all of the above-mentioned expenses.
a. Temporary exemption from all litigation and follow-up expenses.
b. Exemption from providing security for litigation and follow-up expenses.
c. Advance payment by the State for all expenses that must be incurred during litigation and enforcement proceedings.
d. If the case needs to be followed up with a lawyer, obtaining a lawyer to be paid later.
It is possible to make a request while filing a lawsuit for legal aid, as well as at any stage of the proceedings until the finalization of the verdict. After the decision of legal aid is given, it continues until the finalization of the verdict.
While the legal aid request is requested from the court where the main request or the business will be decided in terms of cases; In execution and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be carried out. In case of application to legal remedies, an application will be made to the regional court of appeal or the Supreme Court. The person making the request has to submit to the court the documents on his/her financial situation showing that he/she is not in a position to meet the costs of the proceedings and the evidence on which he/she will base his/her claim, together with the summary of his/her claim. The documents to be submitted regarding the legal aid request are exempt from all kinds of fees and taxes.
The document to be shown as a justification for the legal aid request may be a certificate of poverty. This document can be applied to the headman of the place of residence. No fee is charged for the poverty certificate to be obtained. In addition to this document, it will be possible to obtain a document regarding the economic situation by applying to institutions such as the place of residence, the District Governor’s Office and the Municipality.
Documents showing that you do not own any property other than the certificate of poverty can also be shown as a supporting document.
The regulation regarding the examination of the legal aid request is regulated by Article 337 of the Code of Civil Procedure. “The court may decide on the legal aid request without holding a hearing. However, upon request, the examination is held with a hearing.” The court evaluates the legal aid request on the basis of documents or, if requested, with a hearing. If a decision is made regarding the rejection of the Ali assistance request, this decision must be given with justification.
