Duration Attitude And Appeal Related Law Articles
The request for appeal shall be made within seven days from the announcement of the judgement by submitting a petition to the court that rendered the judgement or by making a statement to the clerk of the minutes; the statement shall be recorded in the minutes and the minutes shall be certified by the judge. The provision of Article 263 is reserved for the arrested defendant. (5271 S. Code Art. 273)
The lawyer may apply for legal remedies, provided that it is not contrary to the express wish of the persons for whom the lawyer acts as defence counsel or attorney (Article 261 of the Code of Civil Procedure No. 5271).
Filing an application for appeal within the prescribed period prevents the finalisation of the judgement (Article 275 of the 5271 S. Code).
An appeal may be filed against the judgements rendered by the courts of first instance. However, judgements on sentences of imprisonment of fifteen years or more shall be examined ex officio by the regional court of appeal. (5271 S. K. art. 272)
An appeal may also be filed against court judgements that were rendered before the judgement and constitute the basis of the judgement or for which no other legal remedy is foreseen. (Article 272 of the Code of Criminal Procedure No. 5271)
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Except for judicial fines converted from imprisonment, no appeal may be filed against the judgements of conviction to a judicial fine of up to three thousand Turkish Liras, the judgements of acquittal for offences requiring a judicial fine with an upper limit not exceeding five hundred days, and the judgements written to be final in the laws. The judgements given in this way shall not be the basis for repetition. (5271 S. K. Art. 272)Failure to show the reasons for the application in the petition or declaration of the accused and those who have received the title of participant according to this Law, and those whose request for participation has not been decided, has been rejected or who have been damaged by the offence in such a way that they can receive the title of participant shall not prevent the examination. (5271 S. K. art. 273)
The accused may request reinstatement against the judgements rendered against him in his absence. The period of appeal shall also run during the reinstatement period. In cases where the defendant requests reinstatement, he/she must also file an appeal. In this case, the proceedings related to the request for appeal shall be postponed until the decision on the request for reinstatement is made. (5271 S. Code Art. 274)
A copy of the petition of appeal, which is not rejected by the court that rendered the judgement, or a copy of the minutes regarding the statement shall be served to the opposing party. The opposing party may submit a written response within seven days from the date of notification. (5271 S. K. art. 277)
If the appeal is lodged only in favour of the accused, the new sentence cannot be heavier than the sentence determined by the previous sentence.(5271 S. Code Art. 283)
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