International Judicial Assistance

INTERNATIONAL JUDICIAL ASSISTANCE


It is not possible in some cases to fight with the crime of a country according to its own domestic law rules. In order to effectively combat guilt due to these problems experienced by states, bilateral and multilateral agreements have been concluded and inter-state mutual assistance mechanisms have been established in this regard.

International Crimes

International crimes are divided into two groups: Crimes of international law and other international crimes.

Crimes of international law are crimes that give rise to criminal responsibility directly under international law. The crime of genocide, crimes against humanity and war crimes can be cited as examples of these crimes.

Other international crimes are crimes that are not sanctioned by international conventions and these are obliged to punish certain actions by states through international conventions. Examples of these crimes include migrant smuggling, torture, human trafficking for prostitution, terror crimes, and money fraud.

International Rogatory

Actions performed by a competent judicial authority of one state on behalf of the judicial authority of another state can be defined as a whole. The request is fulfilled according to the legislation of the requested state.

If a special procedure is requested to be applied in the fulfillment of the request for judicial assistance, this procedure must only be applied at a rate consistent with Turkish legislation. If the procedure to be applied is completely or partially incompatible with the Turkish legal system, it will be notified to the Ministry of Justice as soon as possible before the request is fulfilled, to be forwarded to the foreign judicial authorities who have submitted the request.

Criminal Matters That May Be Requested For Rogatory

Telling or questioning suspects and defendants, hearing victims, witnesses, participants, and experts, supply of evidence, bank records, company files, providing relevant documents and records commercial documents including accounting documents, determination or monitoring of earnings, assets, vehicles or other matters for the purpose of gathering evidence, search and seizure of evidence, land survey and execution of foreign court orders on confiscation are the issues that may be requested for rogatory.

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