The Turkish Cypriot Legal System from a Historical ... - Ankara Barosu
The Turkish Cypriot Legal System from a Historical ... - Ankara Barosu
The Turkish Cypriot Legal System from a Historical ... - Ankara Barosu
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ankarabarrevıew 2010/1<br />
Court of Nicosia also operates in other areas such as Lefke and Iskele<br />
(Trikomo). <strong>The</strong>se courts are composed of two or at most three judges.<br />
However in practice, they operate with two judges, the more senior of<br />
who acts as the president. Cases with an object of litigation of 5.000<br />
<strong>Turkish</strong> Liras or more fall under their jurisdiction. <strong>The</strong> president has<br />
the power to conduct a hearing at his own initiative if the object does<br />
not exceed 15,000 <strong>Turkish</strong> Liras. “Senior District Court Judge” and<br />
“District Court Judge” conduct hearings on their own, and have the<br />
power to hear cases not exceeding 15,000 TL and 5,000 TL, respectively.<br />
As a matter of fact, it should be noted that Cyprus is a small<br />
country divided into only six districts, with a total of 31 judges operating<br />
in all courts throughout the country. 93<br />
b) Criminal Courts<br />
Lower courts that operate in criminal matters are divided into three<br />
subgroups: “High Criminal Courts”, “District Courts” and “Juvenile<br />
Courts”. High Criminal Courts are established only in Nicosia, Famagusta<br />
and Kyrenia. <strong>The</strong>y are normally composed of a president and<br />
two judges appointed by the High Court. However in practice, the<br />
hearings are conducted with three district court members. An exception<br />
to this tradition is cases where the defendant is being alleged with<br />
a crime that necessitates capital punishment, then the president of the<br />
district court chairs the court board. High criminal courts are entitled<br />
to hear cases where the punishment is more than 5 years of prison<br />
penalty or 2,000 TL of pecuniary penalty. <strong>The</strong>se courts also have the<br />
power to assess damages of up to 15,000 TL in favor of the persons<br />
injured due to the crime. In districts with no established High Criminal<br />
Courts and during the judiciary recess between July 1 and September<br />
14, the cases are heard by mobile field courts. District Courts hearing<br />
criminal cases are composed of one judge, and are entitled to hear<br />
cases that call for a prison penalty of less than five years or pecuniary<br />
penalties not exceeding 5000 TL. 94<br />
Another court related with the criminal law is the Juvenile Court established<br />
according to the “Code of Juvenile Criminals”. <strong>The</strong>se courts<br />
are entitled to try juvenile defendants of younger than 16 years of age.<br />
<strong>The</strong>y are composed of a single judge, namely the district court judge.<br />
<strong>The</strong>y practice special trial procedures which involve barring the entry<br />
of spectators and the press to the hearing room. 95<br />
c) Family Courts<br />
Family Courts appear in accordance with the historical development<br />
of the <strong>Turkish</strong> <strong>Cypriot</strong> legal system. Disputes related to family<br />
law had been excluded <strong>from</strong> the jurisdiction of general courts since the<br />
93 See http://www.mahkemeler.net; DAYIOĞLU, pp. 65-66.<br />
94 DAYIOĞLU, p. 66. Also see http://www.mahkemeler.net.<br />
95 DAYIOĞLU, p. 67.