The court to invite the parties to the preliminary examination the preliminary hearing of the case in the first examines the conditions and objections, determines exactly what the issues in dispute, the parties present their evidence and the preparation process for the collection of evidence required in cases where you can save on the parties freely, and encourages them to peace, and this report reviews the issues.
An investigation cannot be started without completing a preliminary examination in accordance with the procedure and taking the necessary decisions (HMK.m.137).
The General Assembly of the Law also adopted that it is not possible to proceed to an investigation hearing without conducting a preliminary examination hearing and the necessary actions to be taken at the hearing, and this regulation is mandatory (HGK. 13.03.2013, 2012/14-based on 802, decision of 2013/347).
In the face of this situation, the defendant’s right to legal hearing (HMK m.27) without notifying the defendant on the day of the preliminary examination hearing, in his absence, after the preliminary examination stage is completed, the trial continues by going to the investigation stage, and the establishment of a provision is contrary to the procedure and law and requires a violation.
In an example case:
The case was substituted on 17.02.2014, the defendant did not respond to the lawsuit. Although the court decided to conduct a preliminary examination after the exchange of petitions, it was decided to proceed to the investigation stage at the preliminary examination hearing, which the defendant did not attend, without notifying the defendant on the day of the preliminary examination hearing, it was decided to proceed to the investigation stage.
In the face of this situation, the defendant’s right to legal hearing (HMK m.27) without notifying the defendant on the day of the preliminary examination hearing, in his absence, after the preliminary examination stage was completed, the trial was continued by going to the investigation stage, and the establishment of the provision was contrary to the procedure and law and required to be overturned.