Cases To Be Appealed In Criminal Procedure
According to Article 272 of the Code of Criminal Procedure (CPC); “An appeal may be filed against the judgements rendered by the courts of first instance. However, sentences of imprisonment of fifteen years or more shall be examined ex officio by the regional court of justice. An appeal may also be filed together with the judgement against court decisions that were rendered before the judgement and constitute the basis of the judgement or for which no other legal remedy is foreseen.”
As it can be understood from this article, the legal remedy of appeal can be applied against the final judgements rendered by the courts of first instance. A final judgement is a decision in which the court of first instance withdraws its hand from the file and ends the proceedings in its own terms. The parties to the proceedings may appeal against this judgement.
However, as stated in the article, if no other legal remedy is foreseen for the interim decisions that constitute the basis of the judgement, in other words, which have an effect on the final judgement, these interim decisions given by the court can also be appealed together with the final judgement.
WHICH DECISIONS CANNOT BE APPEALED?
Pursuant to Article 272/3 of the Code of Criminal Procedure;
Judgements of conviction to a judicial fine including three thousand Turkish Liras, except for judicial fines converted from imprisonment,
Acquittal of offences requiring a judicial fine with an upper limit not exceeding five hundred days,
No appeal may be filed against the judgements that are written to be final in the laws.
These judgements have the effect of final judgement as soon as they are rendered. However, it is possible to apply for reversal in favour of the law, which is an extraordinary remedy pursuant to Article 309 of the Code of Criminal Procedure.
WHO CAN APPLY FOR THE APPEAL REMEDY?
Those who can apply for the appeal remedy are regulated in Article 273/4 of the Code of Criminal Procedure. According to this article
The accused
Participant,
Those whose request for participation has not been finalised or rejected,
Those who have been damaged by the offence in such a way that they can be considered as a participant,
They may apply to the legal remedy of appeal.
Even if these persons do not show the reasons for their application in their petitions of appeal, the Regional Courts of Appeal shall examine them ex officio. For example, it is sufficient even if the defendant says “I request the judgement to be examined through appeal” in his/her petition of appeal. However, in order for the examination to be carried out in a healthier manner, it is beneficial to specify the reasons for the application in the petition of appeal.
However, according to Article 273/5 of the Code of Criminal Procedure, the public prosecutor is also authorised to apply to the legal remedy of appeal. However, the public prosecutor must clearly present the reasons for the application in writing together with the justifications. Interested parties must submit their responses to the public prosecutor’s appeal application within 7 days.
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