ARTICLE
28 April 2020

Criminal Investigation Files Now Accessible Through Online Judiciary System

EA
Esin Attorney Partnership

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Esin Attorney Partnership, a member firm of Baker & McKenzie International, has long been a leading provider of legal services in the Turkish market. We have a total of nearly 140 staff, including over 90 lawyers, serving some of the largest Turkish and multinational corporations. Our clients benefit from on-the-ground assistance that reflects a deep understanding of the country's legal, regulatory and commercial practices, while also having access to the full-service, international and foreign law advice of the world's leading global law firm. We help our clients capture and optimize opportunities in Turkey's dynamic market, including the key growth areas of mergers and acquisitions, infrastructure development, private equity and real estate. In addition, we are one of the few firms that can offer services in areas such as compliance, tax, employment, and competition law — vital for companies doing business in Turkey.
Pursuant to the Union of Turkish Bar Associations ("UTBA") request, on April 5, 2020, the Ministry of Justice announced that lawyers can now access documents in the investigation files...
Turkey Law Department Performance

Recent Development

Pursuant to the Union of Turkish Bar Associations ("UTBA") request, on April 5, 2020, the Ministry of Justice announced that lawyers can now access documents in the investigation files for which they are registered as counsels through the online judiciary system. Lawyers previously only had physical access to these files. In addition, as stated in the Ministry of Justice's letter to the UTBA dated March 10, 2020, in order to facilitate access to justice, the Ministry of Justice is currently working on increasing the types of transactions that can be made through the online judiciary system.

How to Access Investigation Files?

Lawyers must send a request to examine the investigation file through the online judiciary system for the investigation files for which they are registered as counsels. Upon the relevant public prosecutor's approval of the request, the counsel will be able to access the relevant document through the online judiciary system. If the prosecutor dismisses the counsel's request to access, they will have access to the prosecutor's reasoned decision for dismissal through the online judiciary system.

Ongoing Works

In addition, the Ministry of Justice states that it is currently working to enable counsels to submit their objections to the non-prosecution decision; the adjournment of filing a lawsuit; and the administrative sanctions for the relevant investigation case files through the online judiciary system.

Conclusion

As of April 5, 2020, lawyers will be able to examine the documents in the investigation files for which they are registered as counsels through the online judiciary system. This development eliminates the delays and problems due to lawyers' inability to access investigation files through the online judiciary system. In addition, this will slow down the spread of the COVID-19 pandemic in Turkey, as it reduces unnecessary human presence and contact in courthouses. The Ministry's ongoing work in terms of the transactions that can be made through the online judiciary system is expected to be completed in the coming days. We think that these developments bring great facility in terms of following the investigation files closely for lawyers. With each development, we witness the positive effect of technology on our judicial system. We expect this effect to increase day by day.

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