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Author Topic: ATTORNEYSHIP FEE TARIFF FOR CODE OF CRIMINAL PROCEDURE  (Read 5793 times)

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ATTORNEYSHIP FEE TARIFF FOR CODE OF CRIMINAL PROCEDURE
« on: April 17, 2007, 01:33:42 PM »
ATTORNEYSHIP FEE TARIFF (*)  FOR LEGAL SERVICES TO BE RENDERED IN ACCORDANCE WITH THE CODE OF CRIMINAL PROCEDURE, NUMBER 1412



General Provisions

Subject and scope
Article 1 – The appended fee tariff will be applied in legal services to be rendered by attorneys appointed by bar associations as counsel for defense in accordance with Article 146 of the Code of Criminal Procedure, number 1412, dated 18 November 1992 amended as per Law number 3842.

Fee
Article 2 – The fee indicated in theTariff will be paid for legal services rendered during the investigation.
The attorney appointed as counsel for defense will be paid a fee against receipt according to the Code of Criminal Procedure Fee Tariff. Fees will be paid separately for investigation and trial. A single attorney may be appointed as counsel for defense for more than one person accused in the preliminary and final investigations provided that there is no conflict of interest; and a separate fee will be paid to the attorney appointed as counsel for defense for each person accused.

Circumstances terminating legal service
Article 3 – One half of the fee indicated in the Tariff will be paid in the event the assignment as counsel for defense is terminated due to incompetence ratione materiζ, incompetence ratione loci, transfer of the suit, or other reasons.
The fee indicated in the Tariff will be paid in full to an attorney whose assignment as counsel for defense is terminated due to another attorney being selected subsequently as counsel for defense by the client.

Consolidation of actions
Article 4 – A single fee will be paid in the event of consolidation of actions.

Conflict of interest
Article 5 – The fee will be paid in full to an attorney who withdraws totally from his/her duty due to conflict of interest defending more than one person.

Fee for attorneys without a law degree
Article 6 – This Tariff will also be applied to services rendered by attorneys without a law degree.

Tariff to be applied
Article 7 –  The tariff in effect on the date the legal services have commenced will be taken as the basis in the adjudgement of the attorneyship fee for the counsel for defense

Right of recourse
Article 8 – The Union of Bar Associations of Turkey may seek recourse to those of the accused sentenced to pay the cost of jurisprudence whose financial status is adequate to reimburse the fee paid to the counsel for defense.

Value added tax
Article 9 – Value added tax will be added to the fees indicated in this Tariff in accordance with the provisions of Law number 3065.

Entry into effect
Article 10 – This Tariff will enter into effect on the date of its publication to be applicable as of 4 December 2002.


ATTORNEYSHIP FEE TARIFF

1   For court action at the preliminary stage   TL   35,000,000 
2   For lawsuits in criminal courts of peace   TL   50,000,000 
3   For lawsuits in criminal courts of first instance   TL   60,000,000 
4   For lawsuits in juvenile courts                 TL   60,000,000 
5   For lawsuits in high criminal courts                TL 115,000,000 

(*)    The present Tariff  prepared by the Union of Bar Associations of Turkey has been published in the Official Gazette issue 24950 dated 28 December 2002.
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