DIV
judicial system vibrates with e-signature chaos!
Antalya
a district court appeals UYAP (National Judicial Network Project) on the making of electronic signatures, in force in the Code of Criminal Procedure (CCP) has decided to will override the provisions of the. The Supreme Court, upheld the decision of the local court. The trial court and the Supreme Court decision on the right to appeal his client’s decision to use a lawyer Osman Zeki lost Ozcan, “With this decision, Turkey has become UYAP system unworkable,” he said.
Release Date: 10/07/2013 02:30Antalya Criminal Court, the accused on trial on charges of marijuana bread Hai, 15 September 2010, was sentenced to 1 year and 3 months. The defendant’s lawyer Osman Zeki Özcan, 16 September 2010, the number 846887994 UYAP through the system while stating that he would appeal the decision of the court in electronic signature filed attitude. However, the court Ozcan disregard this petition, confirmed the decision. Ozcan, Serik definite decision to surrender his client notification of Public Prosecutor’s Office was notified on 25 February 2011.
‘legal outcome’Ozcan, February 24, 2011 ‘petition to the court, the Supreme Court finalized annotation cancellation of the decision and asked to send the file. Ozcan, the petition said: “Based on your Court’s decision of 15 September 2010 on 16 September 2010 through UYAP attitude of the e-signature petition the court, we launched the appeal period. During my review of the file in the appeal dated September 16, 2010 Notice I have learned has been received while processing the petition attitude. By the time the transaction number 846887994 attitude petition UYAP system and analysis was done by the system files over UYAP registration is done with the approval of the petition. As is known, Electronic Signature Law No. 5 of 5070 pursuant to
Antalya 3 Criminal Court, March 2, 2011 Ozcan refused this request. The resolution, while the attitude Ozcan sent electronically signed the petition and specify the corresponding electronic signature petition to the court that, despite the absence of an electronic signature petition were recorded.
The resolution also refers to the electronic signature is invalid petitions “signed with an electronic signature in force Document k?lamayaca??ndan CMK’daki provisions for appeal invalid, dismissed the appeal without time required to give “testimony was given.
‘can not handle UYAP’
Without the court’s decision appealed. Supreme Court granted the petition, “So far, no court did not receive a warning about the introduction of physical documents. So far no appeals were sent out UYAP system application was rejected. For a moment, Mr. Chamber rejected the petition of appeal if you think that the law is wrong then it is implementing all of the courts conclude that the system unworkable UYAP all over Turkey will be also “the statement said.
The Supreme Court upheld the decision of the Supreme Court 10 . Criminal Division, 31 May 2013, rejected the appeal. The Supreme Court, the decision of the local court to be contrary to the provisions of the Code of Criminal Procedure in force in the form of electronic signature petition of appeal was joined in the opinion.
wet with the same quality as a signed documentMinistry of Justice Information Technology the Department letter dated 25 November 2009 “, signed and sent by secure electronic signature documents, used as a legal signature product,” wet signature “and signed a document of this nature for the same documents that can be left untreated, otherwise people do not process physical evraka known as no transactions will be responsible for … “is called.
Also Electronic Signature Law No. 5 of 5070 According to the documents taken with a secure electronic signature the same legal effect as a handwritten signature signature taken under the provision.
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