Appeal Decisions That Can Be Appealed In Criminal Procedure
Article 286 of the Code of Criminal Procedure regulates the Appeal Procedure. According to this provision;
The judgements of the court of appeal other than the reversal decision (Article 286/1 of the Code of Criminal Procedure).
Court judgements which were rendered before the judgement and which constitute the basis of the judgement or for which no other legal remedy is foreseen may also be appealed together with the judgement (Article 287 of the Code of Criminal Procedure).
DECISIONS OF THE DISTRICT COURT OF JUSTICE WHICH CANNOT BE APPEALED
The decisions of the Regional Court of Appeal that cannot be appealed are regulated in Article 286 of the Code of Criminal Procedure. According to this provision;
Decisions of the Regional Court of Appeal rejecting the appeal against sentences of imprisonment of five years or less and judicial fines, regardless of the amount, rendered by the courts of first instance,
Decisions of the regional court of appeal that do not increase the sentences of imprisonment of five years or less imposed by the courts of first instance,
Decisions given by the regional court of justice regarding the decisions of the court of first instance regarding the alternative sanctions converted from imprisonment; all kinds of decisions regarding alternative sanctions and decisions regarding the rejection of the appeal application on the merits,
Except for the conviction decisions given by the regional court of appeal for the first time and excluded from the scope of the third paragraph of Article 272, all kinds of decisions of the regional court of appeal regarding the crimes that fall within the jurisdiction of the courts of first instance and that require imprisonment up to two years (including two years) and judicial fines related to them,
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All kinds of decisions of the regional court of appeal regarding the judgements rendered by the courts of first instance in offences requiring judicial fine,
Decisions of the court of first instance concerning only the confiscation of property or earnings or decisions of the court of first instance on the grounds that the application for appeal is rejected on the merits,
Decisions on the rejection of the appeal application on the merits in relation to the acquittal decisions rendered by the court of first instance for offences punishable by imprisonment of ten years or less or a judicial fine,
D.ecisions of the regional court of appeal in relation to the decisions of the court of first instance regarding the dismissal of the case, non-prosecution, security measures, or decisions on the rejection of the appeal on the merits,
Decisions of the regional court of appeal containing more than one of the same judgement, penalties and decisions, provided that they remain within the limits set out in the subparagraphs above,
No appeal may be lodged. On the other hand, for some offences, even if the above conditions apply, there is a right to appeal regardless of the amount of the sentence or the limit of appeal. These offences are as follows:
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Insult (Article 125 of the TPC)
Threatening with the aim of creating fear and panic among the public (Article 213 of the Turkish Penal Code)
Incitement to commit an offence (Article 214 of the Turkish Penal Code)
Praising crime and offender (Article 215 of the Turkish Penal Code)
Inciting or insulting the public to hatred and hostility (Article 216 of the Turkish Penal Code)
Incitement to disobey the law (Art. 217 TPC)
Insulting the President (Article 299 of the Turkish Penal Code)
Denigrating the signs of sovereignty of the state (Article 300 of the Turkish Penal Code)
Denigrating the Turkish Nation, the State of the Republic of Turkey, the institutions and organs of the State (Article 301 of the TPC)
Armed organisation (Article 314 TPC)
The offences of public dissuasion from military service (Article 318 of the Turkish Penal Code).
Propaganda offences under the second and fourth paragraphs of Article 6 and the second paragraph of Article 7 of the Anti-Terror Law.
The offence of meeting and demonstration march in the first paragraph of Article 28, Article 31 and Article 32 of the Law on Meetings and Demonstrations.
If the offence is in question, the legal remedy of appeal can be applied in any case, regardless of the amount of the penalty.
APPEAL AUTHORISATION OF THE CHIEF PUBLIC PROSECUTOR’S OFFICE OF THE REGIONAL COURT OF JUSTICE
According to Article 308/A of the Code of Criminal Procedure; the Chief Public Prosecutor’s Office of the Regional Court of Appeal may appeal against the decisions of the criminal departments of the regional court of appeal. The objection may be made ex officio or upon the request of the relevant persons to the department that issued the decision. The objection period of the Chief Public Prosecutor’s Office is 30 days from the date of the decision. However, if the decision of the Regional Court of Appeals is in favour of the defendant, the objection period is not sought.
In cases where the objection is deemed appropriate, the decision shall be corrected by the court that rendered the decision. In cases where the objection is not deemed appropriate, the criminal department that rendered the decision shall send the file to the Board of Presidents of the criminal departments to examine the objection. A report on the objection sent to the board shall be prepared by the head of the department whose decision is objected to or the member to be assigned by the head of the department whose decision is objected to, to be submitted to the board. The decisions of the Board regarding the acceptance of the objection shall be sent to the department for due consideration. The decisions of the Board shall be final.
Professional legal support is needed in the process of appealing the decision made as a result of the criminal proceedings. Because the decision is no longer against or in favour of the court of first instance. Applying to the appeal remedy with a criminal lawyer will prevent any loss of rights that may occur in the future.
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