What Is Legal Aid And How To Request It?
Article 334 and the following articles of the Code of Civil Procedure regulate the legal aid institution. Article 334 regulates the persons who will benefit from legal aid. “Persons who are partially or wholly incapable of paying the necessary trial or proceeding expenses without causing significant hardship to themselves and their families may benefit from legal aid in their claims and defences, temporary legal protection requests and enforcement proceedings, provided that their requests are not manifestly groundless.” The legislator has introduced an exemption from judicial expenses for those who are economically incapacitated, and in order to benefit from this institution, the request must not be clearly groundless. In other words, the person who will apply to the judicial authorities with a request for legal aid must present the grounds for the application for legal aid and the documents to prove that he/she is economically incapacitated. Otherwise, the request in this direction will not be accepted.
“THE ABILITY OF FOREIGNERS 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 the lawsuit to be filed in our country depends on the applicability of this principle in the legal practice in his/her own country.
Article 335 of the CCP regulates the exemption from meeting the expenses of the person benefiting from legal aid. In case of an application to the court with a request for legal aid, the court may decide for exemption from some or all of the expenses listed above.
a. Temporary exemption from all judgement and follow-up expenses.
b. Exemption from posting collateral for trial and follow-up expenses.
c. Advance payment by the State of all expenses to be incurred during litigation and enforcement proceedings.
ç. If it is necessary to pursue the case with a lawyer, the provision of a lawyer to be paid later.
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Legal aid can be requested at the time of filing a lawsuit or at any stage of the proceedings until the finalisation of the judgement. After the legal aid decision is made, it continues until the finalisation of the judgement.
While the request for legal aid is requested from the court where the original request or work will be decided in terms of lawsuits; In enforcement and bankruptcy proceedings, it is requested from the enforcement court in the place where the proceedings will be made. In the application for legal remedies, an application will be made to the regional court of justice or the Supreme Court. The person making the request must submit to the court a summary of his/her claim, the evidence on which he/she will base his/her claim, and documents regarding his/her financial situation showing that he/she is not in a position to meet the costs of the proceedings. The documents to be submitted regarding the legal aid request are exempt from all kinds of fees and taxes.
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The document to be submitted as a justification for the request for legal aid may be a poverty certificate. This document can be applied to the mukhtar’s office of the place of residence. There is no fee for the poverty certificate. In addition to this document, a document regarding the economic situation can be obtained by applying to institutions such as the District Governorate and Municipality of the place of residence.
In addition to the poverty certificate, documents indicating that the applicant does not have any assets can also be submitted as a basis document.
The regulation regarding the examination of the legal aid request is regulated by Article 337 of the CCP. “The court may decide on the legal aid request without a hearing. However, upon request, the examination shall be conducted with a hearing.” The court evaluates the legal aid request on the documents or, if requested, with a hearing. If the court decides to reject the request for legal aid, this decision must be reasoned.
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