Knowledge Centre
Legal Glossary
Plain-language explanations of the terms you will encounter during proceedings.
A
Accelerated criminal procedure
A statutory procedure for specified offences in which, with the suspect's acceptance and the required safeguards, a sanction proposed by the prosecutor is reviewed by the court. If the procedure is not accepted, the ordinary process applies.
Accused (sanik)
A person against whom a criminal case has proceeded following acceptance of the indictment. During the preceding investigation the person is referred to as a suspect.
Acquittal
A criminal judgment clearing the accused where, among other grounds, it is established that the accused did not commit the act, commission by the accused has not been proved, or the act does not constitute an offence.
Action for cancellation and registration of title
Proceedings seeking correction of an unlawful or inaccurate land-register entry and registration in the true right-holder's name. The court where the property is located has exclusive territorial jurisdiction.
Action to annul an enforcement objection
Proceedings brought by a creditor to overcome the debtor's objection stopping enforcement without a judgment. If the statutory conditions are met, compensation for unjustified denial of the debt may be awarded; the source refers to a minimum of twenty per cent of the claim.
Ancillary intervener
A third party with a legal interest who joins pending proceedings in support of one party. The intervener may take procedural steps that do not conflict with the acts of the supported party.
Appeal on points of law (temyiz)
An application to the Court of Cassation, in cases specified by law, against a decision following regional appellate review. The Court of Cassation examines compliance with the law rather than conducting a new factual trial.
Attachment of assets
A legal attachment by an enforcement office of sufficient debtor assets in an enforceable collection proceeding. Common forms include attachment of wages, bank accounts, real property and vehicles.
C
Case law
Legal practice developed through court decisions, particularly those of the Court of Cassation and Council of State. Decisions unifying case law have binding effect within their applicable scope.
Certificate of inheritance
A document identifying the heirs and their respective shares. It may be obtained from a civil court of peace or, where legally available, a notary, and is used for matters such as bank withdrawals and registration of inherited property.
Civil court of first instance
The civil court with general subject-matter jurisdiction over cases not assigned to another court. Compensation, debt and title-cancellation claims are generally heard here, subject to specific statutory allocations.
Civil court of peace
A court hearing matters assigned by law, including tenancy disputes, dissolution of co-ownership, condominium disputes and certain estate matters.
Claimant and defendant
The claimant seeks judicial protection; the defendant is the party against whom the claim is brought. The source contrasts these civil roles with the participating complainant and accused in criminal proceedings; the procedural roles are not identical.
Complainant
A person making a criminal complaint on the basis of alleged harm from an offence. If an application to participate in the trial is accepted, the person acquires the status of participating complainant.
Compulsory enforcement
The use of state enforcement mechanisms to compel a debtor who has not performed voluntarily. Attachment and sale of assets form part of this process.
Counterclaim
A connected claim brought by the defendant against the claimant in proceedings before the same court, such as a counterclaim for divorce and compensation. The claims are heard together subject to the procedural requirements.
Court-appointed administrator (kayyim)
A person appointed by a court to perform a specified task or manage property, for example where an absent person's assets require management or company organs cannot function.
Court-appointed expert
A specialist consulted by a court on matters requiring special or technical knowledge outside legal expertise. Parties may object to the report. It does not bind the judge, although it can have substantial practical importance.
Court fee
A payment to the state for judicial services. Main categories include filing, advance and judgment fees. As a general rule, recoverable court-fee expenses of the successful party are allocated to the other party.
Criminal investigation
The stage from discovery of a suspected offence until acceptance of an indictment. Evidence is gathered under the prosecutor's direction. The investigation may lead to an indictment or a decision not to prosecute.
Criminal reconciliation
A process for offences covered by statute in which the victim and suspect seek agreement through an impartial conciliator. A successful reconciliation may prevent prosecution or lead to dismissal, subject to the legal conditions.
Criminal record
The official register of final criminal convictions. Subject to the statutory conditions, an entry may be removed from the current record and transferred to the archive; deletion of archived records is also possible.
Criminal trial stage (kovusturma)
The stage of criminal proceedings beginning with acceptance of the indictment and ending when the judgment becomes final. Hearings take place during this stage; the preceding stage is the investigation.
Custodian of attached property
A trusted person or licensed storage operator entrusted with safekeeping attached or disputed property. Breach of custodial duties may constitute an offence.
D
Deceased's estate
The deceased's transferable rights, claims, debts and property. Until distribution, the estate is held jointly by the heirs under the rules governing undivided ownership.
Decision not to prosecute (KYOK)
A prosecutor's decision, following investigation, that the conditions for prosecution are not met, including insufficient suspicion or evidence. An objection may be lodged with the competent criminal judgeship of peace under the applicable rules.
Declaration of presumed death
A judicial declaration concerning a person who disappeared in circumstances involving danger of death or has not been heard from for a prolonged period. It has consequences for succession and, under the applicable procedure, dissolution of marriage.
Default in performance
A legally relevant delay in performing an obligation, arising under the applicable rules following notice or maturity. It may result in default interest and liability for loss caused by delay.
Defence counsel
The lawyer defending a suspect or accused in criminal proceedings. Representation is mandatory in specified cases, including certain serious offences and proceedings concerning children; counsel may be appointed through the bar association.
Deferment of the announcement of judgment (HAGB)
A mechanism under which announcement of a criminal judgment may be deferred, subject to statutory conditions, for sentences of two years or less. The source describes a five-year supervision period and dismissal if it is completed without an intentional new offence. Current eligibility, transitional rules and consequences require case-specific legal review.
Disclaimer of inheritance
An heir's declaration rejecting an inheritance. The source describes a general three-month period, subject to statutory rules governing commencement and exceptions. An insolvent estate may be deemed rejected under the applicable conditions.
Dissolution of co-ownership
Proceedings to end shared or undivided ownership by partition in kind or sale and distribution of the proceeds where the co-owners cannot agree. Such proceedings fall within the civil court of peace's jurisdiction, subject to applicable pre-action requirements.
Divorce by mutual consent
A divorce route for a marriage of at least one year where the spouses agree on the required consequences and the judge is satisfied that the legal conditions are met. An agreement alone does not guarantee a one-hearing outcome; property-division issues require separate assessment.
E
Effective remorse
A statutory mechanism allowing a reduction or non-imposition of punishment where, after completing an offence, the offender repairs the harm, returns property or helps clarify the offence. Its availability depends on the particular statutory provision.
Enforcement based on a judgment
Enforcement founded on a court judgment or a document given equivalent status by law. An objection by the debtor does not, as a general rule, automatically stop this form of enforcement.
Enforcement without a judgment
General enforcement for monetary or security claims initiated without a prior court judgment. In the ordinary procedure, a debtor's timely objection stops enforcement; the creditor may seek annulment or removal of the objection. The applicable period and route must be checked.
F
Follow-up proceedings after an interim injunction
A pre-action interim injunction must be followed by the main proceedings within the statutory framework to remain effective. The precise commencement of the period, implementation steps and filing requirements must be checked; the source's simplified two-week description is not a substitute for the procedural rule.
Formal notice
A formal written demand, commonly sent through a notary, seeking exercise of a right, payment of a debt or cessation of conduct. It can be important evidence regarding default or termination.
H
High criminal court
A criminal court dealing with offences assigned to it by law, including offences punishable by aggravated life imprisonment, life imprisonment or imprisonment exceeding ten years. It consists of a presiding judge and two members.
I
Increasing a claim through procedural amendment
A procedural step used to increase the amount claimed, for example following an expert report in employment litigation. The source groups partial and unquantified claims together; their distinct procedural mechanisms and requirements need legal review.
Indictment
The document prepared by the public prosecutor after an investigation where sufficient suspicion of an offence exists. The trial stage begins when the court accepts it.
Interim injunction
Temporary judicial protection intended to prevent a right from being endangered before the case is decided; for example, an order preventing the transfer of real property.
J
Judicial assistance between courts
A court's request for another court to carry out a procedural act outside its territorial area, such as hearing a witness in another province.
Judicial supervision
Protective measures that may be imposed instead of detention, including a travel ban, reporting obligations, restrictions on leaving home or electronic monitoring, where permitted by law.
L
Lack of subject-matter jurisdiction
A decision that the dispute does not fall within the court's subject-matter jurisdiction. Transfer to the competent court is subject to procedural requirements. A territorial-jurisdiction objection is a different issue.
Legal aid
Assistance for people unable to meet litigation expenses, potentially including temporary exemption from fees and costs and, where appropriate, the appointment of a lawyer without charge. Applications may be made to bar association legal aid offices.
Limitation period
A statutory period affecting enforceability of a claim or criminal prosecution or punishment. The source refers to general ten-year and specified five-year civil periods; commencement, interruption, exceptions and the relevant criminal periods must be checked for the particular matter.
Liquidation of the matrimonial property regime
Determination and settlement of spouses' property claims following the end of the applicable regime. The source describes participation in acquired property and a ten-year period following final divorce; the assets, calculation, exceptions and commencement rules require individual review.
M
Maintenance
Financial support arising from a legal duty of care. It includes interim support during divorce proceedings, post-divorce maintenance, child support and support for relatives in need, subject to the applicable conditions.
Mediation
A process in which parties negotiate a private-law dispute with an impartial mediator rather than going directly to court. Prior recourse to mediation is mandatory for certain disputes, including specified employment and commercial claims.
Mortgage
A security right over real property securing a claim. If the debt is not paid, the creditor may seek sale of the property and satisfaction from the proceeds under the applicable procedure.
N
Negative declaratory action
An action seeking a declaration that a claimed debt is not owed, which may be brought before or after enforcement starts. The source's statement about stopping enforcement after it begins requires legal review: available interim protection depends on the statutory rules and stage of enforcement.
Notice pay
Compensation potentially payable by the party terminating an indefinite-term employment contract without observing the applicable notice period. The source describes statutory periods of two to eight weeks depending on service; contractual and statutory exceptions require review.
P
Parental custody
The parents' rights and duties concerning a minor child's care, education, representation and property. Following divorce, arrangements are determined in the child's best interests and may be revised if circumstances change.
Pending identical proceedings (derdestlik)
The situation where a case between the same parties, concerning the same subject and based on the same cause, is already pending. A second identical case is dismissed on procedural grounds.
Pledge or security right
A limited proprietary right over movable or immovable property securing a claim. If the debt is not paid, the secured creditor may seek realisation of the collateral under the applicable procedure.
Possession
Factual control over a thing, distinct from ownership. A possessor may have statutory protective remedies against unlawful interference or dispossession; the availability and limits of self-help require care.
Power of attorney
A document authorising a lawyer to represent a person, commonly executed before a notary. Certain proceedings require express special authority and a photograph, such as specified divorce and foreign-judgment matters.
Pre-trial detention
A judicial protective measure involving deprivation of liberty where the statutory conditions concerning strong suspicion and risks such as flight or interference with evidence are met. It is not a criminal punishment. Objection and release applications are governed by the applicable rules.
Preliminary case-management record
The record prepared following the court's initial examination of a newly filed case. It sets out the hearing date, steps to be taken and time limits given to the parties.
Preservation of evidence
Court-assisted recording of evidence that may be lost or become difficult to present in a pending or future case; for example, documenting damage to a flooded home.
Procedural amendment (islah)
A procedural mechanism allowing a party to correct its procedural acts in whole or in part during proceedings. As a general rule, it may be used once in the same case.
Promissory note
A negotiable instrument containing the debtor's unconditional undertaking to pay a specified sum to the creditor at a specified maturity. It may support the enforcement procedure applicable to negotiable instruments.
Prosecutor's final submissions on the merits
The public prosecutor's final opinion, after the evidence has been gathered in a criminal trial, seeking conviction or acquittal. The defence may respond to those submissions.
Provisional attachment
A temporary attachment of a debtor's property to secure a monetary claim, ordered before or during litigation or enforcement proceedings.
Public prosecution
Criminal proceedings brought by the public prosecutor on behalf of the state. Except where prosecution depends on a complaint and other statutory exceptions, withdrawal of the victim's complaint does not necessarily end the proceedings.
Q
Quashing in the interests of the law
An extraordinary remedy enabling the Court of Cassation, following a request through the Ministry of Justice, to review specified unlawful decisions that became final without ordinary appellate review.
R
Reasoned judgment
A judgment setting out the factual and legal reasons supporting the operative decision. As a general rule, the period for seeking review begins upon service of the reasoned judgment, subject to the applicable procedural rules.
Recidivism
Commission of a further offence within the statutory conditions following a final conviction. A recidivist may be subject to different sentence-execution and supervision rules.
Reduction of dispositions infringing reserved shares
An inheritance claim seeking reduction of dispositions that infringe the protected shares of qualifying heirs, to the extent necessary to restore those shares. The class of protected heirs and the applicable periods must be checked.
Regional appeal (istinaf)
A second-instance remedy against a first-instance judgment. Regional courts of appeal review both the facts and the law and may set the judgment aside and issue a new decision.
Reinstatement claim
A claim by an employee covered by employment protection seeking reinstatement following termination without a valid reason. Prior mediation is mandatory; the source identifies a one-month application period from notice of termination. Applicable time limits require individual verification.
Release and discharge document
A document recording the creditor's receipt of all or part of a claim and release of the debtor. The validity of an employee's release in employment law is subject to strict conditions.
Rent determination proceedings
Proceedings seeking judicial determination of rent by reference to the applicable statutory criteria, including comparable rents and market conditions where relevant. The source refers to tenancies exceeding five years; the type of lease and timing must be assessed.
Reopening of proceedings
An extraordinary remedy seeking to address specified serious defects in a final judgment, such as forged evidence or the emergence of qualifying new evidence. It is an exception to finality and depends on statutory grounds.
Res judicata
The finality of a decided dispute after ordinary remedies have been exhausted or the relevant periods have expired. A new identical claim may be dismissed because the matter has already been finally determined.
S
Service of documents
Official notification of judicial acts and documents to their recipient in the legally prescribed manner. Procedural periods often start upon service. Defective service may affect rights and time limits.
Set-off and deduction
Set-off extinguishes qualifying mutual due monetary debts to the extent they overlap. A deduction accounts for payments or amounts to be subtracted from a claim.
Severance pay
Compensation potentially payable after at least one year of employment where termination falls within the statutory grounds. The source describes thirty days of gross pay including qualifying benefits for each full year, subject to the applicable cap and entitlement rules.
Simplified criminal trial procedure
A procedure permitting certain cases involving a judicial fine or an offence carrying a maximum prison term of two years to be decided on the file without a hearing, subject to statutory conditions. The source describes a one-quarter reduction on conviction; current exceptions and objection rules require review.
Simulation (sham transaction)
An apparent transaction that does not reflect the parties' true intentions and is intended to mislead third parties. A common example is a transfer intended to deprive heirs of inheritance, potentially leading to title-cancellation proceedings.
Subject matter of the claim
The right or thing claimed in proceedings. It determines the value of the case and, in some instances, the court with subject-matter jurisdiction.
Suspect
A person suspected of an offence during the investigation stage. Rights include remaining silent, assistance from defence counsel and requesting the collection of evidence.
Suspension of a prison sentence
Subject to statutory conditions, a prison sentence of two years or less may be treated as served after a supervision period without immediate imprisonment. Unlike HAGB, there is an announced conviction capable of becoming final.
T
Third-party title claim in enforcement
Proceedings concerning a third party's assertion of ownership or a security right over attached property, determining the competing rights to that property.
W
Waiver of a claim
The claimant's abandonment of all or part of the relief sought. A procedural waiver has effects comparable to a final judgment, preventing the same claim from being brought again under the applicable rules.
Witness
A person who gives the court information personally perceived about the disputed events. Giving evidence is generally a duty, subject to rights to refuse in specified circumstances such as close family relationships. False testimony is an offence.
Workplace psychological harassment (mobbing)
Systematic intimidation, exclusion or humiliation directed at an employee. It may support justified termination and compensation claims. Witness accounts, correspondence and medical evidence may be relevant.
Written undertaking to vacate
A tenant's written undertaking to vacate rented premises on a specified date. A landlord relying on a valid undertaking may seek possession through an available enforcement or court procedure. Timing, validity and statutory application periods require review.