This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Adli Yardım ve Adli Müzaharet: Masrafsız Dava.
There are two distinct schemes and they should not be confused: legal aid from the court gives temporary exemption from fees and expenses (Article 334 of the Code of Civil Procedure), while legal aid from the bar association secures the assignment of a lawyer free of charge. In criminal proceedings the assignment of defence counsel is mandatory in the cases the law lists, and no request is needed.
You have a claim but cannot meet the cost of bringing it. That is the most concrete obstacle there is to access to justice.
Turkish law offers two separate answers: legal aid sought from the court, and the assignment of a lawyer sought from the bar association. This article covers both.
How Is Legal Aid Sought from the Court?
Article 334: those who, without seriously prejudicing their own subsistence and that of their family, lack the means to pay the necessary costs of proceedings or enforcement in whole or in part may benefit from legal aid in their claims and defences, in applications for interim protection and in enforcement proceedings, provided their claim is not manifestly unfounded.
Two conditions must both be met:
- Lack of means — being unable to pay the costs without seriously prejudicing subsistence
- The claim not being manifestly unfounded — a realistic prospect of success
Associations and foundations serving the public benefit may also obtain legal aid where their claim or defence appears justified and they cannot meet the costs without financial hardship.
For foreign nationals, legal aid is subject to reciprocity.
What Does Legal Aid Cover?
Article 335 lists what a legal aid decision covers:
- Temporary exemption from all court and enforcement costs
- Exemption from providing security for those costs
- Payment by the State, as an advance, of all expenses that must be incurred during the proceedings or the enforcement
- Where the case requires a lawyer, the provision of a lawyer whose fee is paid later
Where to apply (Article 336): to the court that will decide the principal claim or the matter; in enforcement and bankruptcy proceedings, to the enforcement court at the place where the enforcement is to be carried out.
The applicant must place before the court a summary of the claim, the evidence relied on, and documents showing that they are not in a position to meet the costs.
The documents to produce: a certificate of indigence, documents showing income, land registry and vehicle registry enquiries, social security records, a tenancy agreement.
On appeal, the application for legal aid is made to the regional court of appeal or the Court of Cassation.
A decision refusing legal aid may be objected to within one week of service.
| Route | What it provides | Where to apply |
|---|---|---|
| Legal aid (Art. 334 CCP) | Temporary exemption from court fees and expenses | The court hearing the case |
| Bar association legal aid | Assignment of a lawyer free of charge | The bar association of your province |
| Mandatory defence counsel (criminal) | A lawyer free of charge | Assigned by the investigating authority of its own motion |
| Request for counsel under the Criminal Procedure Code | A lawyer free of charge | The police, the prosecutor or the court |
Mandatory counsel is assigned by operation of law for those under eighteen, for those unable to defend themselves, and for offences whose lower limit exceeds five years' imprisonment; no means test applies.
Are the Deferred Costs Paid Later?
Legal aid does not extinguish the costs; it defers them.
Article 339: all costs deferred by reason of a legal aid decision, and the advances paid by the State, are collected at the end of the proceedings from the party who loses.
Where the person who received legal aid loses, the court may decide that they be exempted wholly or in part from paying the deferred costs.
Article 338 adds that where it emerges that the person gave false information about their means intentionally or through gross fault, or where their means have since improved sufficiently, the legal aid decision is revoked.
It is therefore important that statements about means are accurate.
How Is a Free Lawyer Obtained from the Bar Association?
There is a further route, separate from and complementary to legal aid: the legal aid offices of the bar associations.
Under Articles 176 and following of the Attorneys Act (Law no. 1136), legal services are provided through legal aid to those who cannot meet a lawyer's fee and the costs of proceedings.
The application is made to the legal aid office of the bar association in your province. The documents required vary but usually include: identity documents, a certificate of indigence, documents showing income, and the papers relating to the dispute.
The bar association assesses the request and, if it is granted, assigns a lawyer. The lawyer assigned may not take a fee from the client.
The two routes may be used together: while seeking a legal aid decision from the court, you may also ask the bar association to assign a lawyer.
How Is a Free Lawyer Provided in Criminal Proceedings?
Criminal procedure has its own, wider system.
Article 150 of the Criminal Procedure Code: the suspect or accused is asked to appoint defence counsel. If they state that they are not in a position to do so, counsel is assigned on their request.
In some cases counsel is assigned without any request:
- where the suspect or accused is a child
- where they are unable to defend themselves because of disability, or are deaf and unable to speak
- in investigations and prosecutions for offences carrying more than five years' imprisonment at the lower limit
In these cases the fee is met by the State and is not sought from the suspect or accused.
Counsel may also be assigned for victims and intervening parties under Articles 234 and 239.
The request may be made to the police, the prosecutor or the court; the assignment is then sought from the bar association.
Legal aid from the court (exemption from fees and expenses) and the assignment of a lawyer by the bar association are separate routes and may be used together. Legal aid does not remove the costs, it defers them: they are collected at the end from the losing party — though even a legally aided party who loses may be exempted wholly or in part.