The cases and matters heard during the judicial recess are governed by Article 103 of the Code of Civil Procedure and Article 331 of the Code of Criminal Procedure, the relevant provisions of which are set out below.
Code of Civil Procedure — Article 103
- During the judicial recess, only the following cases and matters shall be heard:
- a) Decisions on requests for interim legal protection measures such as interim injunctions, provisional attachments, and preservation of evidence, as well as requests for the taking of maritime reports and the appointment of a dispacheur, together with any objections and other applications made against such measures.
- b) All types of maintenance cases, and cases or matters relating to affiliation, parental responsibility, and guardianship.
- c) Matters and cases concerning the correction of civil registry records.
- ç) Cases brought by workers on the basis of a contract of employment or a labour agreement.
- d) Requests for the issuance of a certificate of loss due to the loss of commercial books, and cancellation proceedings arising from the loss of negotiable instruments.
- e) Matters and cases relating to bankruptcy, concordat, and the restructuring of joint stock companies and cooperatives through composition.
- f) On-site inspections ordered to be carried out during the judicial recess.
- g) Cases and matters falling within the jurisdiction of the court pursuant to arbitration provisions.
- ğ) Non-contentious judicial matters.
- h) Cases and matters designated as urgent by law, or cases and matters in respect of which the court has decided, upon the application of one of the parties, that they be treated as urgent.
- Where the parties are in agreement, or where the case is being heard in the absence of one party, hearing of the above cases and matters may be deferred until after the judicial recess, upon the request of the party present.
- During the judicial recess, the following procedural steps may also be taken in respect of cases and matters other than those set out in the paragraphs above: the receipt of petitions initiating proceedings, counter-claims, appeals to the regional court of appeal, and appeals on points of law, together with the replies thereto, as well as petitions for the reinstatement of cases struck off the list; the issuance of court orders; all types of service of process; and the transmission of the case file to another court, to the regional court of appeal, or to the Court of Cassation.
- The provisions of this article shall also apply to examinations conducted by regional courts of appeal and the Court of Cassation.
Code of Criminal Procedure — Article 331
(As amended by Emergency Decree No. 650 of 8/8/2011, Article 27; annulled by Constitutional Court Decision No. E.: 2011/113, K.: 2012/108 of 18/7/2012; re-enacted by Law No. 6494 of 27/6/2013, Article 25)
- Authorities and courts dealing with criminal matters shall suspend their activities from the twentieth of July to the thirty-first of August each year, commencing their work on the first of September.
- The manner in which investigations, prosecutions relating to remanded matters, and other matters to be considered urgent shall be conducted during the recess period shall be determined by the Council of Judges and Prosecutors.
- During the recess period, regional courts of appeal and the Court of Cassation shall examine only matters relating to convicted persons in custody, or matters heard pursuant to the Law on the Procedure for the Trial of Flagrant Offences.
- Time limits that fall within the judicial recess shall not run. Such time limits shall be deemed to have been extended by three days from the day on which the recess ends.
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