WHAT IS LEGAL AID?

Legal aid is a support system provided to enable individuals to pursue their rights equally before the law. This system helps individuals with limited financial means cover legal fees, court costs, and other expenses. Legal aid is a guarantee offered by the state to support the right to seek justice and ensure equality.

Legal aid aims to ensure access to justice for both individuals and public benefit associations and foundations when they are in financial difficulty. Foreigners can benefit from legal aid on the basis of the principle of reciprocity.

Individuals Eligible for Legal Aid:

1. Individuals: Persons who lack the ability to pay litigation or enforcement costs without significantly jeopardizing their own and their family's livelihood may benefit from legal aid, provided their claims are not manifestly ill-founded.

2. Public Benefit Associations and Foundations: Associations and foundations that are in financial difficulty and unable to pay necessary expenses can also benefit from legal aid.

3. Foreigners: Access to legal aid is subject to the condition of reciprocity.

Rights Provided by Legal Aid:

– Temporary exemption from litigation and enforcement costs.
– Exemption from providing security for litigation and enforcement costs.
– Advance payment of litigation and enforcement costs by the State.
– If necessary, legal representation is provided, and free legal services are obtained, with attorney fees to be paid later.

Application and Review Process:

Legal aid requests are made to the relevant court, or in the case of enforcement and bankruptcy proceedings, to the enforcement court. The applicant submits documents demonstrating their financial situation and inability to cover litigation costs. The request is usually evaluated without a hearing, but a hearing may be held upon request. If the request is rejected, an appeal can be filed within one week.

Application Rejection and Reapplication:

If a request for legal aid is rejected, an appeal can be filed within one week of the decision date. The decision is final upon appeal, and a new request can be made. Legal aid does not cover previous litigation costs.

Abolition of Legal Aid:

Legal aid may be revoked if the recipient's financial situation significantly improves or if they have deliberately provided false information. Furthermore, if the expenses paid by the State as a result of legal aid cause hardship, the court may decide to exempt the recipient from paying these expenses in whole or in part.

Application Forms:

You can obtain legal aid application forms from bar associations.