SERVICES > LEGAL ASSISTANCE > CRIMINAL ROGATORY
V- MATTERS TO BE PAID ATTENTION IN THE ROGATORY REQUESTS OF FOREIGN STATES :

Using our Ministry as mediator:
Our Ministry serves as Central Authority in execution of judicial assistance transactions. In accordance with multi-lateral or bilateral agreements, our Ministry is the mediator in the transactions of any correspondence and providing information regarding judicial assistance requests received from or submitted to foreign countries.

Audit for Compliance to our Law

Judicial assistance requests, as a principle, are executed according to the legislation of the state from which the assistance is requested. In this respect, when requests received from foreign states (taking statement, gathering evidence, etc.) are in the process of execution, Turkish legislation is applied.
In both the ECMACM and bilateral agreements to which Turkey is a party, it is stated that requests regarding acts that are not defined as crime in the legislation of the requested state even though they are crime according to the legislation of the requesting state could be refused. For example, judicial assistance requests with regard to the offence of “insult” cannot be executed by the authorities of the USA as “insult” is not an offence under the legislation of the USA.
Even though the judicial assistance request is in compliance with the domestic law of Turkey, request is not be executed in the case where one of the grounds for refusal stated in the multilateral or bilateral agreements enforced between Turkey and the relevant country exists in the request.

Application of special procedure:

If, in the letter rogatory for judicial assistance, a special procedure requested to be applied in execution of the request this procedure can be applied to the extent it accords with the Turkish legislation. If the procedure requested to be applied does not accord with our law system completely or partially, this should be informed to our Ministry to be conveyed to the requesting foreign judicial authorities as soon as possible before execution of the request.

Requests containing presence:

Judicial officials or concerned persons such as suspect, accused, victim and complainant may request presence during execution of the rogatory transaction on the condition that it should be clearly stated in the letter rogatory for judicial assistance. When such a request is received, following matters should be regarded:
a) If the request for presence is deemed appropriate after the request received is audited for compliance to the Turkish domestic law and public interest, date and place of execution of the transaction should be informed to our Ministry in the way allowing for presence.
b) If the request for judicial assistance concerns our judicial authorities in different locations, it will be appropriate for the relevant judicial authorities to set close and reasonable dates for rogatory transactions by consulting each others.
c) It is not possible for the foreign official and persons who are allowed to be present during rogatory transactions to obtain information and documents directly, and all the transactions are executed by our competent authorities and officials.
d) Interrogations and other transactions subject to the presence are executed according to the Turkish legislation.
e) Rogatory documents and all the documents regarding completed transactions are submitted to our Ministry at the end of transaction.

Rogatory requests including search and seizure:
When such a rogatory request is received, existence of the following points should be sought:
a) The act subject to rogatory must be an offence punishable both under the laws of the requesting state and our laws.
b) The act subject to rogatory must be an offence suitable for extradition in the requesting state.
c) Execution of the request should not violate our public order and laws.

   
***Click the links below to access other parts…
   
I-
GENERAL INFORMATION
   
II-
PREPARATION OF INTERNATIONAL CRIMINAL ROGATORY DOCUMENTS
   
III- MATTERS TO BE PAID ATTENTION IN PREPARING LEGAL ASSISTANCE REQUEST FOR CERTAIN CRIMES
   
IV- MUTUAL LEGAL ASSISTANCE CONCERNING EXECUTION OF DECISIONS ON SEIZURE AND CONFISCATION AND RECOVERY OF ASSETS
   
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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