SERVICES > LEGAL ASSISTANCE > CRIMINAL ROGATORY
III- MATTERS TO BE PAID ATTENTION IN PREPARING LEGAL ASSISTANCE REQUEST FOR CERTAIN CRIMES :

Offences in military character:
As article 1/2 of the “European Convention on Mutual Assistance in Criminal Matters” and bilateral agreements on judicial assistance do no comprise offences in military character (absentee and draft evader), assistance requests for offences in military character are not executed even though civil courts are competent to try such offences.

However, as service of documents to Turkish nationals abroad are executed by our abroad representatives, service of documents to Turkish nationals in investigations or prosecutions with regard to military offences could be executed. Click to obtain more information on criminal service of documents.

Offences regarding historical artifacts

By violating articles 32 and 68 of the Law No. 2863 on Protection of Cultural and Natural Values, artifacts that must be protected within the country and that are in the character of State property and are in archeological nature are smuggled to European countries for gain. In order to provide return of such artifacts to our country within the framework of initiated investigation, it is important that letter rogatory drawn pursuant to the provisions of “Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property” concluded before United Nations UNESCO as well as “European Convention on Mutual Assistance in Criminal Matters”, bilateral agreements or principle of reciprocity should be conveyed to our Ministry accompanied by its translation into the relevant foreign language.

On the other hand, in the case where the requested State is a party:
a) UN Convention against Narcotic Drugs and Psychotropic Substances of 1988 as well as European Convention on Mutual Assistance in Criminal Matters or bilateral agreements should be referred to in the judicial assistance requests regarding the offences of producing and trading narcotic drugs and psychotropic substances (Turkish Criminal Code, art.188) and laundering proceeds from narcotic drugs (Turkish Criminal Code, art. 282);

b)
UN Convention Against Transnational Organized Crime as well as European Convention on Mutual Assistance in Criminal Matters or bilateral agreements should be referred to in the judicial assistance requests regarding the offence of establishing organizations for the purpose of committing crimes (Turkish Criminal Code, art. 220) and other organized crimes;

c)
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds From Crime and UN Convention Against Corruption should be referred to in the judicial assistance requests regarding the offence of laundering proceeds from crime (Turkish Criminal Code, art. 282);

d) In terror offences;
decision No. 1373 (2001) of the UN Security Council stressing the importance of the international cooperation among judicial authorities in the fight against terrorism and UN Convention for the Suppression of the Financing of Terrorism and European Convention on the Prevention of Terrorism should be referred to;

e) Criminal Law Convention against Corruption of the Council of Europe (art. 26), UN Convention against Corruption and OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions as well as European Convention on Mutual Assistance in Criminal Matters or bilateral agreements should be referred to in the judicial assistance requests regarding the offences of bribery, bribery of foreign public officials (Turkish Criminal Code, art. 252) and other corruption offences.
   
***Click the links below to access other parts…
   
I-
GENERAL INFORMATION
   
II-
PREPARATION OF INTERNATIONAL CRIMINAL ROGATORY DOCUMENTS
   
IV- MUTUAL LEGAL ASSISTANCE CONCERNING EXECUTION OF DECISIONS ON SEIZURE AND CONFISCATION AND RECOVERY OF ASSETS
   
V- MATTERS TO BE PAID ATTENTION IN THE ROGATORY REQUESTS OF FOREIGN STATES
   
VI- OBTAINING INFORMATION ON REGISTRY, CRIMINAL RECORD, ADDRESS, ECONOMICAL/SOCIAL STATUS AND ENTRANCE TO-EXIT FROM THE COUNTRY
   
VII- RETURN OF PASSPORTS TO FOREIGNERS
   
VIII- NOTIFICATION OF DEATH EVENTS OF FOREIGNERS
   
IX- INTERNATIONAL ROGATORY PROCEEDINGS IN THE CRIMES COMMITTED IN THE INTERNET ENVIRONMENT
   
 
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