Verda Legal Bulletin

VERDA LAW & CONSULTANCY

Verda Legal Bulletin

No: 2019_3

Target Time Application in Judiciary

Starting from 01.01.2019, the target periods determined in accordance with the Regulation on the Determination and Implementation of the Inquiry, Prosecution or Trial Target Times (Regulation) will be notified to the parties of the investigation and / or the case (defendant, plaintiff, complainant, offender, lawyer). Thus, the parties will be able to learn when the investigation, case or proceedings will be completed.

As a summary from the statements on the official website of the Ministry of Justice;

For 1438 types of proceedings and 220 investigations, the target period is determined.

Periods of 10 to 13 months are determined for all criminal cases.

For 87 percent of legal cases, 1.5-month and for 13 percent 2 years is foreseen.

For 95 percent of cases in the administrative judiciary, less than 1 year; for the remaining 5 percent, a period of approximately 1.5 years is determined.

10 months for divorce cases, 8 months for alimony cases, 3 months for guardianship is determined.

For the investigations carried out by the public prosecutor's office: for murder investigations 5 months, the plunder crimes 3 months and sexual assault 4 months is determined.

These periods are determined as maximum periods.

What is the basis of the target time application?

According to the Law No. 2802 on the Judges and Prosecutors, "the target periods for investigation, prosecution or proceedings will be determined by the Ministry of Justice by taking the opinion of the Board of Judges and Prosecutors". The Regulation on the Determination and Application of the Investigation, Prosecution or Trial Target Periods that is prepared in accordance with this Law was published in the Official Gazette dated 23.06.2017 and numbered 3015 and entered into force on 01.09.2017. In addition, Article 5/1 / (c) of the Forms of the Remedy Regulation which entered into force on 30.09.2016, also stipulates that the target period will be taken into consideration in the assessment. The target periods determined in accordance with the procedures specified in the provisions of the Regulation have been started as of 03.09.2018 before civil and administrative courts of first instance and as of 01.10.2018 before Public Prosecutors' Office. There will be no implementation of the target time for the lawsuits and investigations opened before these dates.