Court of Cassation (Turkey)

The Court of Cassation ( Turkish Yargitay; official: Türkiye Cumhuriyeti Yargitay Başkanlığı ) is one of the highest courts of Turkey. As a second and final instance in civil and criminal proceedings, it is the highest court of law in the country.

As a model originally served the French Cour de cassation and the Italian Court of Cassation.

Foundation

The Council was on March 6, 1868 for Judicial Affairs ( Ottoman Divan -ı دیوان احکام عدلیه Ahkam -ı Adliyye ) founded during the reign of Sultan Abdulaziz, and in 1879 in " Court of Appeals " ( mahkeme -i Temyîz / محکمه تمييز ) renamed.

From June 7th 1920 in Sivas newly founded by the Grand National Assembly Provisional Audit Committee took over ( muvakkat temyiz heyeti ) the duties of the audit court. 1923, the committee was moved to Eskişehir and again in the Court of Appeals (Turkish temyiz mahkemesi ) renamed.

1935 moved the court its new building in Ankara, built by architect Clemens Holzmeister. On 10 January 1945 the Court received its present name " Court of Cassation " ( Yargitay ).

The first president of the Court was Ahmed Cevdet Pasha.

Organization

The Court of Cassation is divided into 21 civil divisions and eleven criminal panels. Each Senate is occupied by a presiding judge and sufficient members. If the respective Senate together, they form the Grand Panels for civil and criminal matters ( Hukuk ve Ceza Genel Kurulları ). These consist of the presiding judge and members of the Senate.

The Great Plenary ( Büyük Genel Kurul ) arises when the Grand Panels for civil and criminal cases meet. The plenary belong to the First President of the Court of Cassation, the First Vice-President, the Senate President, the Senate members, the Attorney General and the Deputy Attorney General.

Jurisdiction

The tasks of the Court of Cassation are governed by Article 154 I of the Turkish Constitution and the Court of Appeal Act ( Yargitay Kanunu ) No 2791 of 1983.

Article 154, paragraph 1 reads:

" Yargitay, Adliye mahkemelerince verilen ve kanunun Baska bir Adli yargı merciine bırakmadığı karar ve hükümlerin son inceleme merciidir. Kanunla gösterilen belli davalara since ilk ve son derece mahkemesi olarak bakar. "

" The Court of Cassation is the final review authority for decisions and judgments, which precipitated by courts of general jurisdiction and are not left by the law of another ordinary court instance. He performs certain procedures foreseen by the law as the court of first and last instance. "

Presidium

  • Nazim Kaynak, First President
  • Hasan Erbil, Attorney General
  • Ihsan Akçin, First Vice-President
  • Erdal Sanli, First Vice-President
  • Mehmet Ekmekçi, Deputy Attorney General
  • Aydın Boşgelmez, Secretary General
Court of Cassation (Italy)
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