What are the articles of the 9th judicial package? Has it entered into force?

The 'Draft Law on Amendments to Certain Laws', known as the 9th Judicial Package, has been accepted by the TBMM General Assembly. This draft law, which will enter into force upon the acceptance of its articles, has sparked public curiosity. The 9th Judicial Package is expected to be published in the Official Gazette and enter into force in the coming days. So, "What are the articles and content of the 9th judicial package, has it entered into force?" Here are the details...

AMENDMENT TO LEGAL AID ALLOWANCE

Following the Constitutional Court's annulment decision, amendments are being made to the Attorneyship Law. In the distribution of the legal aid allowance among bar associations, in provinces where there is more than one bar association, 30 percent of the total score determined for every 5 thousand population will be distributed equally among the bar associations in that province, and the remainder will be distributed according to the score obtained by multiplying the figure obtained after dividing by the total number of lawyers registered in the registry in that province by the number of members of each bar association.

NUMBER OF QUESTIONS IN THE LEGAL PROFESSIONS ENTRANCE EXAM IS INCREASING

New fields are being added to the Legal Professions Entrance Exam and the Administrative Judiciary Preliminary Exam. The new fields from which questions will be asked will be "international law", "private international law", "general public law and social security law". If needed, new fields of law may be added to these areas by regulation.

The number of questions in the Legal Professions Entrance Exam and the Administrative Judiciary Preliminary Exam will be increased from 100 to 120. The addition of new fields to the exams and the manner in which the exams are conducted, as well as other matters related to the exams, will be regulated by a regulation issued by the Ministry of Justice in line with the opinions of the Council of Judges and Prosecutors, the Council of Higher Education, the Assessment, Selection and Placement Center Presidency, the Union of Turkish Bar Associations, and the Union of Turkish Notaries.

REGULATION ON MONETARY LIMITS FOR CASES TO BE RESOLVED BY A SINGLE JUDGE

A regulation has been made regarding the monetary limits for cases to be resolved by a single judge in Regional Administrative Courts, Administrative Courts, and Tax Courts. These limits will be increased each year according to the revaluation rate determined within the framework of the Tax Procedure Law provisions for the previous year, and these new limits will be applied in a way that they are valid from the beginning of the calendar year.

In types of cases to be resolved by a single judge, the monetary value at the date of the lawsuit will be taken into account in determining the limit. In case the monetary limit is increased during or after the lawsuit, the new limit at the date of the increase will be accepted as the basis.

REGULATIONS FOR IMPOUND LOTS

The sales procedure for vehicles that are impounded due to being banned from traffic and are not collected or claimed by their owners within 6 months is being redefined. Relevant institutions will be notified that these vehicles will be sold regarding the annotations on the registry of such vehicles, such as non-saleable, non-transferable, attachment, precautionary attachment, or pledge, and sales procedures will begin; all annotations on the vehicles will be considered lifted as of the date of sale without the need for any further action, and their registration records, if any, will be corrected accordingly.

In cases where the chassis or engine serial numbers identifying the vehicle to be processed are missing or have fallen off, or have been erased or destroyed due to reasons such as repair or modification, these deficiencies will be completed by the institution that will carry out the sales process within the scope of the relevant legislation, and the vehicle will be made ready for sale.

REGULATION REGARDING THE LAWSUIT FOR DENIAL OF PATERNITY

With this legal regulation, new arrangements have been introduced regarding the lawsuit for denial of paternity (a lawsuit claiming that a child is not the father's). The husband, mother, or child can refute the "presumption of paternity" by filing this lawsuit.

The mother must file this lawsuit within one year from birth, and the child must file it within one year from the date they turn 18.

This lawsuit will be filed against other persons who have the right to file a lawsuit (generally relevant parties such as the biological father or administrative authorities).

COMPLAINT PERIOD AND CONCILIATION REGULATIONS FOR THE CRIME OF INSULT

Complaint period for the crime of insult: The crime of insult is a crime whose investigation and prosecution depend on a complaint. According to this new regulation, when a person thinks they have been insulted, they must file a complaint within a maximum of 2 years from the date the incident occurred. No complaint can be made after this period.

Insult via audio, written, or visual communication: Such insult crimes are now being removed from the scope of conciliation and included in the scope of advance payment.

If the suspect, victim, or injured party does not notify whether they accept the conciliation offer within 7 days after the offer is made to them, the offer will be considered automatically rejected.

If conciliation is achieved, no compensation lawsuit will be filed regarding the incident, except for damages that could not be determined at that moment or that arise later.

A requirement to be a law school graduate is now being introduced to become a conciliator. A conciliator will be appointed from the list of law graduates determined by the Ministry of Justice.

If conciliation is achieved and the defendant fulfills the obligation (performance) falling upon them as a result of the conciliation immediately, the court will dismiss the case. However, if the obligation is to be fulfilled at a later date, is paid in installments, or is required to be fulfilled continuously, the court will stay the case, and the statute of limitations will not run during this stay period.

If the defendant does not fulfill the requirements of the conciliation, the court will continue the trial from where it left off.

NEW REGULATIONS FOR THE MEDIATION SYSTEM

According to the regulation, one of the parties to the agreement document prepared as a result of mediation may request registration at the land registry office after an enforceability annotation is given to the document.

In this case, the land registry office will conduct the necessary examinations according to the legislation regarding the immovable property and grant approval. However, the registration process will take place without the need for an official deed to be drawn up for this transaction.

If one of the parties does not attend the first meeting in the mediation process without showing a valid excuse, this situation will be stated in the final report.

The party who does not attend the first meeting will have to bear half of the litigation costs that the other party must pay, even if they are partially or completely right in the lawsuit later. In addition, only half of the attorney's fee determined according to the Minimum Attorney Fee Tariff will be awarded for this party.

Persons who have completed mediation training and have 20 years of seniority in their profession will now be able to register directly in the mediation registry without taking a written exam.

HAS THE 9TH JUDICIAL PACKAGE ENTERED INTO FORCE?

The 9th Judicial Package has been accepted in Parliament. It will enter into force upon being published in the Official Gazette.