Iranian Bar Associations

ATTORNEYSHIP LAW/CODE(Page 3)
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* ATTORNEYSHIP LAW - The Republic of Turkey - Section 3 of 5
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* ATTORNEYSHIP LAW - The Republic of Turkey - Section 3 of 5

Article 100 to 150

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Duties of the secretary general of the bar association
Article 101 – The secretary general of the bar association keeps the minutes of the meetings of the board of directors, manages the internal paperwork of the bar association, issues directives to the internal clerical office of the bar association, and supervises the work of the latter.

Duties of the treasurer of the bar association
Article 102 – The treasurer of the bar association is authorized to manage the property of the bar association in accordance with the decisions of the presidential council, receive and dispense money, collect dues, collect fines to be marked as revenue for the bar association, and the take all kinds of supervisory action in connection with the implementation of the budget.

(Amended as per Article 3256/14 dated 22 January 1986) The treasurer of the bar association will countersign the papers drawn up in receiving and dispensing money with the president or, in the latter’s absence, with the vice-president or the secretary general of the bar association.

V – Disciplinary board of the bar association

Composition
Article 103 – The disciplinary board will be composed of three members in bar associations with up to two hundred and fifty attorneys, and five members in bar associations with more than two hundred and fifty attorneys. Three alternate members will also be elected to the disciplinary board in every bar association.

Eligibility and impediments to election
Article 104 – (Amended as per Article 1238/1 dated 26 February 1970)
The provisions of Article 90 will apply by analogy to the members of the disciplinary board, as well.
The result of the election will be reported to the Union of Bar Associations of Turkey by means of a memorandum to be drawn up by the board of directors of the bar association.

Term of duty
Article 105 – (Amended as per Article 3256/15 dated 22 January 1986) Members of the disciplinary board will be elected for two years. A member may be reelected after completing his/her term.
(Amended as per Article 4667/57 dated 2 May 2001) The disciplinary board will elect a chairperson and a secretary from among its members in its first meeting after the election. The provisions of Articles 90, 92, and 94 will apply by analogy to the members of the disciplinary board, as well.

Meetings
Article 106 – The disciplinary board will convene with at least three of its members present.
Decisions will be passed with the absolute majority of the full number of members. In case of a tie, the side taken by the chairperson will carry the vote.
The professionally senior member will chair the board in the absence of the chairperson.

Duty
Article 107 – The duty of the disciplinary board is to make disciplinary decisions and impose disciplinary penalties by conducting disciplinary prosecution on attorneys upon the decision of the board of directors of the bar association to initiate a disciplinary prosecution, and to exercise the other powers conferred upon it by statutes.

VI – Board auditors of the bar association

Composition and duties
Article 108 – (Amended as per Article 1238/1 dated 24 December 1970)
(First paragraph amended as per Article 3256/16 dated 22 January 1986) The general assembly of the bar association will elect a maximum of three regular and three alternate auditors from among its members to audit the financial affairs of the bar association for a term of two years.
Election will be held by closed vote. The provisions of Articles 90 and 92 will apply by analogy to the auditors, as well.

PART NINE:
Union Of Bar Associations Of Turkey

SECTION ONE
General Provisions

[Establishment] and nature of the Union
Article 109 – (Amended as per Article 4667/58 dated 2 May 2001)
The Union of Bar Associations of Turkey is an organization formed with the participation of all of the bar associations in Turkey.

The Union is a professional organization in the nature of a public agency with legal personality.
The Union’s headquarters is in Ankara.

Duties of the Union
Article 110 – The duties of the Union of Bar Associations of Turkey are the following:
1. Ensuring the precipitation of a majority opinion by finding out the respective opinion of each bar association in matters concerning bar associations by means of mutual discussions.
2. Promoting the profession of attorneyship by coordinating the efforts of bar associations in order to reach a common goal.

3. Safeguarding the interests at large of the members of bar associations and the ethics, order, and traditions of the profession.
4. Strengthening professional ties by introducing Turkish bar associations and their members to each other.
5. Making efforts to have a bar association established in every province capital and to instill in citizens a conviction as to the necessity and benefits of having their lawsuits filed and cases defended thorough the agency of attorneys.

6. Disseminating recommendations and publications to have the laws developed and enforced in keeping with the requirements of the country, and developing preliminary drafts if necessary.
7. Voicing its views with authorities in matters concerning bar associations.
8. Submitting reports covering its views and ideas on legal and professional topics queried by the Ministry of Justice, agencies with judicial or legislative power, and bar associations.
9. Taking all kinds of measures to encourage and ensure the professional development of attorneys.

10. Cooperating with the Ministry of Justice and and judicial authorities in order to have court opinions systematically compiled and published.
11. Making efforts toward the realization of the rights conferred, and the thorough and honorable discharge of the duties imposed upon attorneys by statutes.
12. Setting up libraries, publishing periodicals, organizing conferences, and offering incentives to the creation of original and translated works to heighten the scientific and professional levels of the members of bar associations.
13. Hold occasional meetings to discuss the solutions and measures for rendering the profession more attractive and reaching the stated goals in this area.

14. Displaying an interest in, and making contact with boards and organizations related to jurisprudence in the country.
15. Keeping in contact with foreign bar associations, attorney unions, and legal institutions and participating in international conferences. [21]

16. Defining and recommending the mandatory rules of the profession.
17. (Added as per Article 4667/59 dated 2 May 2001) Defending and safeguarding the supremacy of the law and human rights, and promoting the functionality of these concepts.
18. Exercising other powers conferred by statutes. [22]

Prohibitions, acquisition of property, place in protocol, removal and deposition of their organs
Article 111 – (Amended as per Article 3003/5 dated 8 May 1984)
(First paragraph amended as per Article 4276/5 dated 18 June 1997) The Union of Bar Associations of Turkey may not engage in activities other than its purposes for establishment.
The Union may acquire movable and immovable assets for use in accord with its purpose.

(Amended as per Article 4667/60 dated 2 May 2001) In state protocol, the President of the Union of Bar Associations of Turkey stands next to the Chief Public Prosecutor of the Court of Cassation.
(Amended as per Article 4276/5 dated 18 June 1997) The provisions of the fifth, sixth, seventh, eighth, and ninth paragraphs of Article 77 will apply to the organs of the Union, as well. (Additional sentence as per Article 4667/60 dated 2 May 2001) However, in the event the entity removed from duty is the board of directors of the Union, the duties of this entity will be undertaken by a minimum of three attorneys to be selected as a temporary board of directors from among the delegates to the last general assembly by the court which passed the ruling until the induction of the replacements to be elected.

The paid nature of the positions
Article 112 – The positions of president, vice-president, secretary general, and treasurer of the Union of Bar Associations of Turkey are paid salaries. The members of the board of directors not assigned to the presidential council, the members of the disciplinary board, and the board auditors will be paid honoraria in meetings. The amounts and the modes of payment of the salaries and the honoraria will be determined by the general assembly of the Union.

Of the aforementioned members, those who are the delegates of provinces other than Ankara will be reimbursed for their travel and accommodation and other essential expenses out of the Union’s budget. The amount of such reimbursement will be fixed by the general assembly.

SECTION TWO
Organs Of The Union

Organs
Article 113 – The organs of the Union of Bar Associations of Turkey are the following:
1. General assembly of the Union of Bar Associations of Turkey.
2. Board of directors of the Union of Bar Associations of Turkey.
3. President of the Union of Bar Associations of Turkey.
4. Presidential council of the Union of Bar Associations of Turkey

5. Disciplinary board of the Union of Bar Associations of Turkey.
6. Board auditors of the Union of Bar Associations of Turkey.

I – General assembly of the Union of Bar Associations of Turkey

Composition
Article 114 – The general assembly is the highest entity of the Union of Bar Associations of Turkey.
(Amended as per Article 4667/60 dated 2 May 2001) The general assembly is composed of two delegates from each bar association elected by closed vote from among members with a minimum of ten years in the profession of attorneyship. Incumbent presidents of bar associations and attorneys who have served and are currently serving as the president of the Union of Bar Associations of Turkey are natural members of the general assembly of the Union of Bar Associations of Turkey with the right to participate in votings, to elect, and to be elected.

Bar associations with more than one hundred members will elect an additional delegate for each incremental three hundred members after the first hundred.

Bar associations will elect the same number of alternate delegates. Delegates will be elected for a term of two years at the regular meeting of the general assembly of each bar association.
Members with the impediments stated in the second paragraph of Article 90 may not become delegates.
Each bar association will pay the travel and accommodation allowances of its delegates out of its own budget.

(Amended as per Article 4667/61 dated 2 May 2001) The time and place of the meeting of the general assembly of the Union of Bar Associations of Turkey, and the need to send delegates will be communicated to bar associations in writing no later than thirty days before the meeting. If a regular delegate has an excuse, he/she will be replaced by an alternate who will attend and vote in the meeting of the general assembly of the Union of Bar Associations of Turkey in lieu of the latter.

Meetings
Article 115 – (Amended as per Article 3256/17 dated 22 January 1986) The general assembly of the Union of Bar Associations of Turkey will hold its regular meeting every two years at the time and place determined by the former general assembly.

The Board of Directors of the Union of Bar Associations of Turkey may call the general assembly to an extraordinary meeting when it deems necessary or upon the written request of the boards of directors of at least ten bar associations.

The Minister of Justice may request the board of directors of the Union to call the general assembly to an extraordinary meeting to receive their views and ideas on the general interests of justice and the profession, and on the legal and professional bills to be drafted.

The provisions of the first paragraph of Article 85 will apply by analogy to the election of the chairing panel of the general assembly of the Union. Those who assume duties in the organs of the Union may not be elected to the chairing panel.

Quorum for deliberations and decisions
Article 116 – The general assembly of the Union may not convene and pass decisions unless at least one fourth of its members are present.

In the absence of quorum as stated in the first paragraph above, the meeting will be adjourned to a future date not to be later than one month. This meeting and the subsequent meetings will also be adjourned to dates one month later unless and until at least one fifth of the members are present.
The provisions of the third, fourth, and fifth paragraphs of Article 87 and the provision of Article 88 will apply by analogy to the meetings and discussions of the general assembly of the Union.

Duties
Article 117 – The duties of the general assembly of the Union are as follows:
1. Electing members to the board of directors and the disciplinary board, and the board auditors; and the President of the Union.
2. Debating and making decisions on the reports prepared on matters within the scope of the Union’s purpose of establishment and the topics in its agenda .

3. Issuing instructions to the board of directors.
4. Reviewing the accounts of the Union and deciding whether to acquit the board of directors.
5. Electing the delegates to attend conferences in Turkey and abroad. (The general assembly may delegate this authority to the board of directors of the Union.) [23]

6. Determining the time and place of the next meeting of the general assembly.
7. (Amended as per Article 3256/18 dated 22 January 1986) Making recommendations on matters concerning jurisprudence and the profession, and defining the mandatory rules of the profession.

8. (Amended as per Article 3256/18 dated 22 January 1986) Determining the amount of the dues that bar associations will collect from attorneys on behalf of the Union, with said amount not to exceed half the amount of the annual dues paid by each attorney to his/her respective bar association.

9. Determining the amounts and the modes of payment of the salaries to be paid to the president, vice-presidents, secretary general, and the treasurer of the Union and the honoraria to be paid to the members of the board of directors, disciplinary board, and the board auditors.
10. (Amended as per Article 4667/62 dated 2 May 2001) Performing the duties and exercising the powers conferred upon the Union as per Articles 49 and 75 of the present Law.
11. Exercising other powers conferred by statutes.

II – Board of directors of the Union of Bar Associations of Turkey

Composition
Article 118 – The Board of Directors of the Union of Bar Associations of Turkey is composed of the president of the Union and ten members elected by the general assembly of the Union by closed vote from among its members.
The board of directors of the Union is chaired by the president of the Union.

Term of duty
Article 119 – (Amended as per Article 3079/2 dated 14 November 1984) The term of duty of the board of directors of the Union is four years. Board members whose term of duty has expired may be reelected.

The provisions of the second, third, fourth, fifth, and sixth paragraphs of Article 90 and the provision of Article 92 will apply by analogy to the members of the board of directors of the Union.

Meetings
Article 120 – The board of directors of the Union will hold its regular meetings once a month. In emergencies, the board may always be called to an extraordinary meeting upon the request of the president or a board member.

The date of the next meeting will be set at the end of every meeting. The date of meeting will be communicated to the members by a letter of invitation. Excuses will be submitted in writing at least seven days in advance.
A member who fails to attend three consecutive meetings without a valid, documented excuse will be considered as having resigned.

The board of directors of the Union will convene with absolute majority of the full number of members and pass decisions with the absolute majority of those present. However, in meetings held with ten or fewer members present, at least five members must unite in the same vote for a decision to be passed. In the case of a tie, the side taken by the chairperson will carry the vote.

Duties
Article 121 – The duties of the Board of Directors of the Union of Bar Associations of Turkey are the following:
1. Calling the general assembly of the Union to meeting and preparing the agenda.
2. (Amended as per Article 3256/19 dated 22 January 1986) Manage the Union and its property.
3. (Amended as per Article 3256/19 dated 22 January 1986) Preparing and submitting to the general
assembly the biennial budget.

4. Executing the decisions made by the general assembly of the Union.
5. (Amended as per Article 3256/19 dated 22 January 1986) Purchasing, selling, and mortgaging movable and immovable assets; instituting and abrogating all manner of property rights on such assets on behalf of the Union; and giving the president of the Union specific authority in these matters and other actions pertaining to commitments and acquisitions.

6. Managing and conducting the personnel affairs of the salaried clerks employed by the Union.
7. Keeping books recording the summary decisions of the board of directors of the Union.
8. (Amended as per Article 4667/63 dated 2 May 2001) Keeping the records of individual attorneys, attorneys sharing the same office, and attorney partnerships in compliance with the basic rules and preocedures prescribed in regulations; drawing up the standard basic contract of attorney partnerships, designing and having printed attorneyship licenses, identification papers, and certificates of authorization for attorney partnerships.

9. (Amended as per Article 3256/19 dated 22 January 1986) Submitting reports to the general assembly of the Union on the overall status, actions and projects of the Union; requesting acquittal of its activities and accounts.
10. Examining and deciding upon the objections raised against the decisions of bar associations provided that such authority is not conferred upon another agency or entity by statutes.
11. (Amended as per Article 4667/60 dated 2 May 2001) Performing the duties and exercising the powers conferred upon the Union as per Articles 31, 44, 54, 77 and 83 of the present Law.
12. Calling the general assemblies of bar associations to extraordinary meetings.

13. Applying to the authorities concerned for the safeguarding of the rights and interests of attorneys and bar associations.
14. Conducting studies that would help promote the profession of attorneyship, safeguard the rights of attorneys, and improve their social standing; and submitting the results and its recommendations to the general assembly of the Union.
15. Offering ideas and opinions in response to queries made by official sources about the profession of attorneyship.

16. Setting up libraries and producing professional publications for the professional development of attorneys; and assisting attorneys in publishing the works they will produce.
17. Resolving disputes to arise between bar associations.
18. (Amended as per Article 4667/63 dated 2 May 2001) Making all efforts necessary to ensure the institution and continuity of professional solidarity, defending the profession of attorneyship and colleagues against encroachments upon the rights particular to the profession and its members, and to take all manner of legal and administrative action in these matters.

19. Exercising other powers conferred by statutes.
20. (Amended as per Article 4667/63 dated 2 May 2001) Performing the duties assigned to the Union in connection with the attorneyship examination.

III – President of the Union of Bar Associations of Turkey

Election and withdrawal before the completion of the term of duty
Article 122 – The president of the Union is elected by the general assembly of the Union from among its members for a term of four years. Reelection is permitted.
The provisions of the second, third, and sixth paragraphs of Article 90 and the provision of the fourth paragraph of Article 96 will apply by analogy to the president of the Union.

Duties
Article 123 – The duties of the president of the Union are the following:
1. Representing the Union of Bar Associations of Turkey and chairing the board of directors of the Union.
2. Implementing the decisions of the general assembly, the board of directors, and the disciplinary board of the Union.

3. Making commitments and acquisitions on behalf of the Union to the extent permitted and authorized as per Article121, making undertakings, receiving donations to the Union, and implementing the budget.
4. Appointing the attorneys to represent and defend the Union in courts and government agencies.
5. Establishing abd conducting relations with foreign unions of bar associations, bar associations, and legal institutions.

6. Defending the dictates of the law and professional rules against all manner of organs in matters involving the honor and independence of the profession, and taking the actions behooving him/her directly or indirectly.
7. (Amended as per Article 3256/20 dated 22 January 1986) Submitting a written report to the general assembly on the activities of the Union.
8. Exercising other powers conferred by statutes.

IV – Presidential council of the Union of Bar Associations of Turkey

Composition and election
Article 124 – The presidential council of the Union of Bar Associations of Turkey is composed of,
1. The president of the Union of Bar Associations of Turkey,
2. The two vice-presidents of the Union of Bar Associations of Turkey,
3. The secretary general of the Union of Bar Associations of Turkey,

4. The treasurer of the Union of Bar Associations of Turkey.
The members of the presidential council other than the president will be elected by the members of the board of directors of the Union by closed vote from among themselves at the first meeting of the board of directors to be held after the election of the board of directors.
Should a member of the presidential council depart before completing his/her term, a replacement will be elected within one month at the latest to serve the remainder of his/her term.

Duties of the presidential council of the Union of Bar Associations of Turkey
Article 125 – The presidential council performs the duties conferred upon it by statutes or by the decisions of the board of directors of the Union.
The council makes the decisions necessary for the management of the Union’s property and briefs the board of directors verbally or in writing upon the board’s request.

(Added as per Article 4667/64 dated 2 May 2001) The presidential council of the Union will call the presidents of bar associations to a meeting to receive their opinions when required.

Duties of the vice-presidents of the Union of Bar Associations of Turkey
Article 126 – The vice-presidents of the Union perform the duties to be assigned and exercise the powers to be delegated by the president of the Union.
In the absence of the president of the Union or until the induction of a new president if the post of president of the Union has become vacant for any reason, it behooves the vice-presidents in order of seniority to discharge the duties and exercise the powers of the president of the Union.
In the absence of the vice-presidents of the Union, it behooves the professionally senior member of the board of directors of the Union to discharge the duties and exercise the powers of the president.

Duties of the secretary general of the Union of bar associations of Turkey
Article 127 – The secretary general of the Union keeps the minutes of the meetings of the board of directors, manages the internal paperwork of the Union, issues directives to the internal clerical office of the Union, and supervises the work of the latter.

Duties of the treasurer of the Union of Bar Associations of Turkey
Article 128 – The treasurer of the Union is authorized to manage the property of the Union in accordance with the decisions of the presidential council of the Union, receive and dispense money, and the take all kinds of supervisory action in connection with the implementation of the budget.
(Amended as per Article 3256/21 dated 22 January 1986) The treasurer of the Union will countersign the papers drawn up in receiving and dispensing money with the president or, in the latter’s absence, with either one of the vice-presidents or the secretary general of the Union.

V – Disciplinary board of the Union of Bar Associations of Turkey
Composition
Article 129 – The disciplinary board of the Union is composed of seven members elected by the general assembly of the Union of Bar Associations of Turkey from among its members by closed vote. Seven alternate members will also be selected.
The disciplinary board will elect a chairperson from among its members in its first meeting after the election.

Term of duty
Article 130 – Members of the disciplinary board of the Union will be elected for four years. A member may be reelected after completing his/her term.
The provisions of the second, third, fourth, fifth, and sixth paragraphs of Article 90 and the provision of Article 92 will apply by analogy to the members of the disciplinary board of the Union.

Meetings
Article 131 –The disciplinary board of the Union will hold its regular meetings once a month. In emergencies, the board may always be called to an extraordinary meeting upon the request of the president of the Union, or the chairperson of the disciplinary board of the Union, or a member of the disciplinary board.

The provisions of the second and third paragraphs of Article 120 will apply by analogy to the disciplinary board of the Union, as well.

The disciplinary board of the Union will convene with absolute majority of the full number of members and pass decisions with at least four members uniting on a vote. In the case of a tie, the side taken by the chairperson will carry the vote.

Duties
Article 132 – The disciplinary board of the Union will perform the duties assigned and exercise the powers conferred by the present Law.

VI – Board auditors of the Union of Bar Associations of Turkey

Composition and duties
Article 133 – (First paragraph amended as per Article 3256/22 dated 22 January 1986) The general assembly of the Union will elect three regular and three alternate auditors from among its members to audit the financial affairs of the Union for a term of four years.
Election will be held by closed vote. The provisions of the second, third, fourth, fifth, and sixth paragraphs of Article 90 and the provision of Article 92 will apply by analogy to the board auditors of the Union, as well.

PART TEN:
Disciplinary Actions And Penalties

Circumstances when disciplinary penalties will be imposed
Article 134 – (Amended as per Article 4667/65 dated 2 May 2001) The disciplinary penalties prescribed in the present Law will be imposed on those whose acts and conduct contradict the honor, order, traditions, and professional rules of attorneyship; and those who neglect their duties in professional practice or fail to exercise the personal integrity required by their duties.

Disciplinary penalties
Article 135 – Disciplinary penalties are the following
1. (Amended as per Article 3256/23 dated 23 January 1986) Warning: Informing an attorney of the necessity of exercising greater care in practicing his/her profession.
2. Censure: Informing an attorney that he/she is considered to be at fault in his/her practice and conduct.
3. (Amended as per Article 3256/23 dated 22 January 1986) Fine from ten thousand to one hundred and fifty thousand Turkish Liras.
4. (Amended as per Article 4667/66 dated 2 May 2001) Dismissal: Prohibition of an attorney or an attorney partnership from professional practice for not less than three months and not more than three years.

5. Disbarment: Withdrawal of an attorney’s license, deletion of his/her name from the directory of his/her bar association, and revocation of his/her title of attorney. (Additional sentence as per Article 4667/66 dated 2 May 2001) For attorney partnerships, the deletion will be from the attorney partnership register of their respective bar association.

Mode of imposition of penalties
Article 136 – Those who fail to observe the provisions given in PART SIX of the present Law regarding the rights and duties of attorneys will be punished with censure as a minimum at the first offense, fine or dismissal upon recurrence depending on the severity of the offense, and disbarment in the event of final conviction of an offense stated in Article 5, Subparagraph a.

An attorney displaying misconduct punishable by a disciplinary penalty two or more times during a period of five years will be punished with a heavier penalty than the preceding one at each offense.
An attorney who has been dismissed once will be disbarred if he/she fails to observe the rules in PART SIX of the present Law during a period of five years.

Right of defense
Article 137 – In prosecutions conducted on attorneys, the charge must be clearly explained to the attorney in writing, his/her defense requested, and a minimum of ten days granted for the defense.
Actions and misconduct before enrollment with the bar association and after leaving the profession
Article 138 – (Amended as per Article 4667/67 dated 2 May 2001) The actions and misconduct predating admission into and entry in the bar association directory will not require disciplinary prosecution unless they are punishable with disbarment. This provision will not be applied to the period of apprenticeship.

An attorney’s departure from the profession will not preclude disciplinary prosecution on his/her actions and misconduct during his/her practice.

Investigative authority and the replacement of absent members
Article 139 – The authority to decide the initiation of and conduct a disciplinary prosecution rests with the bar association in whose directory the attorney was enrolled on the date the complaint or notice compelling the prosecution was received, the public prosecutor requested an prosecution, or information was received of its own motion on the actions or misconduct compelling the prosecution.

Presidents of bar associations and members of the boards of directors and disciplinary boards of bar associations may not participate in the debates and decisions on prosecutions concerning themselves.
The missing number of members will be replaced by alternate members in the event quorum is absent in the meetings of the boards of directors and disciplinary boards of bar associations due to the presence of circumstances as prescribed in the second paragraph, or the non-attendance of the chairpersons and any members out of rejection or abstention. In the event the alternate members also do not participate in the debate or decisions for any reason, or their numbers are not adequate, the absences will be filled by drawing names from among attorneys enrolled in the baro directory eligible for the board of directors and the disciplinary board.

The effect of criminal prosecution on disciplinary penalties
Article 140 – A criminal prosecution already in progress on an attorney will not preclude the enforcement of disciplinary actions and decisions.
(Amended as per Article 3256/24 dated 22 January 1986) However, if a suit has been filed against an attorney in a criminal court because of acts compelling disciplinary action and decision, the disciplinary prosecution on the attorney will be suspended until the conclusion of the criminal action. In such a case, the disciplinary board, upon the request of the board of directors, is under the obligation to make a decision in accordance with Articles 153 and 154 as to whether the dismissal of the attorney would be in order.

Disciplinary prosecution on acts triable in a criminal suit that was concluded with acquittal depends on whether those actions are of a nature requiring a disciplinary prosecution in their own right and independently of the provisions of criminal codes – with the exception of acquittal because the act was not committed or because it was not committed by the accused.
Boards of directors of bar associations are under the obligation to initiate disciplinary prosecution on acts triable in a criminal suit that was concluded with conviction.

Initiation of disciplinary prosecution
Article 141 – A disciplinary prosecution is initiated with a decision to be made by the board of directors of the bar association.

The board of directors is under the obligation to make a decision on the disciplinary prosecution urgently and at any rate no later than one year from the date of notice, complaint, or request.
The board of directors may assign one of its members with the task of conducting a preliminary investigation to serve as a basis for a decision as to whether a disciplinary prosecution should be initiated upon a notice or a complaint, a request made by the public prosecutor, or of its own motion. The member thus assigned with the preliminary investigation will collect the evidence and receive statements from persons he/she deems necessary, having them take an oath if he/she sees fit; and will submit the file compiled to the board of directors with his/her report after hearing also the attorney on whom the investigation is being conducted or after the expiration of the period granted for a hearing.

(Additional sentence as per Article 4667/68 dated 2 May 2001) The board of directors may request information and documents from all kinds of judicial and administrative authorities, and may request files or copies thereof for examination.

The decisions made by the board of directors not to initiate prosecution on the act or conduct mentioned in the notice, complaint, or request will be communicated to the parties concerned and the public prosecutor.

Objection to decisions not to initiate disciplinary prosecution
Article 142 – Objections may be raised by the complainant or the public prosecutor with the Board of Directors of the Union of Bar Associations of Turkey against the decisions of the boards of directors of bar associations not to initiate disciplinary prosecution, within fifteen days from the date of notification of the decision.

If the subject matter of the complaint, notice, or request is found to be worthy of reconsideration as a result of the examination to be conducted on the file by the Board of Directors of the Union of Bar Associations of Turkey, the former decision will be revoked and the file will be forwarded to the bar association which passed the former decision for the initiation of disciplinary prosecution. Such decisions of the Board of Directors of the Union of Bar Associations of Turkey will be final.

Decisions not to initiate disciplinary prosecution made by the boards of directors of bar associations will become final if no objections are raised within the statutory period.

(Amended as per Article 4667/69 dated 2 May 2001) The decisions not to initiate disciplinary prosecution made by the Union of Bar Associations of Turkey in response to objections raised in accordance with the first paragraph will become final if no decision is made by the Ministry of Justice within two months as of the date of their receipt by the Ministry of Justice or if the decisions are approved by the Ministry. However, the Ministry of Justice will return the decisions it does not deem appropriate to the Union of Bar Associations of Turkey for reconsideration together with the reasons for return. The decisions thus returned will be considered as approved if passed unchanged by a two thirds majority vote of the Board of Directors of the Union of Bar Associations of Turkey; otherwise they will be considered as not approved. The result will be communicated to the Ministry of Justice by the Union of Bar Associations of Turkey.

The provisions of the sixth and seventh paragraphs of Article 8 will be applied here, as well, by analogy.

Re-examination for an identical offense
Article 143 – Re-examination due to acts covered by decisions not to initiate disciplinary prosecution is contingent upon the emergence of new evidence and the lapse of no more than three years after the date the decision became final.

Trial before the disciplinary board
Article 144 – (Amended as per Article 3256/25 dated 22 January 1986)
(First paragraph amended as per Article 4667/70 dated 2 May 2001) In cases where disciplinary prosecution is decided, the disciplinary board will conduct its examination on paper upon receipt of the file is forwarded by the board of directors. The file forwarded to the disciplinary board will contain also the attorney’s register. The examination will be conducted in trial mode if requested by the attorney or deemed necessary by the disciplinary board.
The trial will be closed.

The disciplinary board is under the obligation to finalize the examination urgently and at any rate not later than one year from its date of receipt of the decision. Circumstances where the outcome of criminal action must be awaited are reserved.

Trial in absence
Article 145 – Trial will be held in the absence of an attorney who fails to respond to the invitation to trial. However, the letter of invitation must include a reminder that trial will be held in absentio if the attorney does not make himself/herself present.

Submission and examination of evidence
Article 146 – The disciplinary board will determine the manner of submission and examination of the evidence independently of request or renunciation or previously made decisions.
Hearing of witnesses and expert witnesses
Article 147 – It is at the discretion of the disciplinary board to invite a witness or an expert witness to the trial, have such witnesses heard by one of the board members or by a rogatory process, or let suffice the perusal of a written statement.

However, in cases where evidence of an event consists solely of the personal knowledge of a witness, such witness will be heard at any rate.

Minutes of the trial
Article 148 – The minutes of the trial will be kept by a board member or a secretary to be assigned by the chairperson of the disciplinary board.
Minutes of hearings taken outside the trial must be read out during the trial.

Fulfilling requests received by letters rogatory
Article 149 – Instructions given by letters rogatory will be carried out by the disciplinary board or one of its members in the central location of the bar association, and by an attorney to be assigned by the disciplinary board of the respective bar association in other locations.

Summoning witnesses and expert witnesses
Article 150 – Witnesses and expert witnesses will be summoned in accordance with the provisions of the Service of Process Law.

If a person does not respond to a procedurally proper invitation, or refrains from serving as a witness or an expert witness or from taking an oath without just cause, the criminal justice of peace in the area of residence of this person may be requested to impose a light fine from twenty to two hundred Turkish Liras upon him/her in addition to expenses. The criminal justice of peace in the capital of province where the bar association is located will decide the forcible summoning of such witness upon request.

A witness punished in accordance with the provisions of the above paragraph and re-summoned by service of process rather than requested to be brought forcibly, and an expert witness re-summoned by service of process after being punished will be punished again if they fail again to make themselves
present.

The justice of peace will base his/her decision of fine or forcible summoning on a copy of the minutes of the disciplinary board.
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