New regulation from the Ministry of Justice: Penalties coming for those who delay court requests

The failure of public institutions and organizations to respond within the specified time to information and documents requested by courts during trial processes has brought a new legal regulation to the agenda. The Ministry of Justice is working on a legislative change that includes sanctions against these delays in order to accelerate judicial proceedings.

According to the pro-government newspaper Türkiye, the regulation in question is aimed to be enacted in the coming days, with the goal of introducing direct criminal liability for institutions that do not respond to court correspondence on time.

LONG TRIAL DURATIONS REMAIN ON THE AGENDA

The fact that trial processes in Turkey span years continues to be among the most significant points of criticism directed at the judicial system. Despite the implementation of target timeframes, alternative dispute resolution methods, and legislative changes, delays in trials have not been prevented.

In this context, steps such as increasing the number of judges and prosecutors, integrating artificial intelligence-supported systems into judicial processes, and reorganizing the notification infrastructure are planned for the upcoming period.

The prepared regulation will not be limited to personnel and technology investments. It also aims to eliminate disruptions in accessing information and documents related to the case so that courts can reach the material truth.

Within this framework, considering that the failure of institutions to respond to court correspondence within the allotted time is one of the fundamental elements clogging judicial processes, more deterrent measures are being brought to the agenda.

SANCTIONS TO BE CLARIFIED WITH THE NEW REGULATION

Ministry of Justice sources made the following assessment regarding the issue:

“A court writes to an institution. The material truth will emerge based on that answer. But this letter is either ignored or the response time is extended. This situation not only prolongs trial processes but also prevents the material truth from emerging. Currently, courts already warn the relevant institution if no response is received and notify them that a criminal complaint will be filed. But in practice, this path does not work. Now, with the new regulation to be made, for example, if they do not respond by the hearing date, it is considered to impose criminal sanctions on those responsible. A definition of a crime will be made on this matter, and the corresponding penalties will be determined.”

CLEAR TIMETABLE IN THE JUDICIAL REFORM ACTION PLAN

This problem was also specifically addressed in the action plan prepared within the scope of the Ministry of Justice's Judicial Reform Strategy. It was pointed out that in civil cases, the failure of non-litigant individuals and institutions to fulfill the information and documents requested by courts through interim decisions significantly prolongs trials.

The action plan emphasized that linking the intentional non-implementation of court interim decisions or the obstruction of the process to criminal sanctions would increase the effectiveness of the judicial system. In line with the plan, it is envisaged that the criminal sanctions to be applied in cases where written requests from courts are not answered within the specified time will come into effect within this year.