Appeal In Criminal Cases
Appeal is a legal remedy against the decisions of the court of first instance to the higher courts. To put it more clearly, if you think that the decision of the court of first instance in a case concerning you is not correct, you can appeal against this decision to the higher court, the district court. In this case, appeal also means that the decisions of the court of first instance are checked and supervised by the higher regional courts.
If you think that the decision rendered by the court of first instance in a case to which you are a party is unfair and unlawful, and if this decision is against you, more precisely, if it adversely affects your rights and interests, you can apply for appeal before the district court against this decision.
Decisions of the criminal court of first instance, which are in the nature of “judgement”, are subject to the legal remedy of appeal. If the judgement given during the appeal process is not deemed sufficient, an application can be made to the Court of Cassation for the “Appeal Law Path” if there are conditions according to the nature of the decision given by the court of appeal after the appeal stage.
HOW TO APPLY FOR APPEAL REMEDY?
In order for an appeal review to be conducted, those who have the right to apply must make a request. As a rule, the appeal examination cannot be made spontaneously. However, due to the importance of the sentences, sentences of imprisonment of fifteen years or more shall be examined by the regional court of appeal ex officio.
In ex officio appeal, the amount of punishment determined for each offence is taken as basis, not the amount of punishment as a result of aggregation. For example, even if the total sentence of the defendant is 14 years for the offence of plunder, 5 years for wounding and 2 years for the offence of possession of prohibited weapons (14+5+2=21 years), an ex officio review cannot be made.
Appeal application
By applying through petition or
It can be made by making a statement to the clerk of the court.
However, if the person who will apply to the appeal remedy is detained, the detainee can also apply for appeal to the director of the penal execution institution and detention centre.
You can access our other articles, sample judgements and petitions by clicking here
You can access our other article examples and petition examples by clicking here.