Petition For Appeal Against The Decision To Dismiss The Appeal
CCP ART.346
REJECTION OF THE APPEAL
(1) If the petition of appeal is filed after the expiration of the statutory time limit or if it is related to a final judgment, the court which rendered the judgment shall decide to reject the petition of appeal and shall automatically notify the relevant person of the rejection decision by reimbursing the expenses paid in accordance with Article 344.
(2) An appeal may be filed against this rejection decision within one week as of the date of notification. If the appeal is filed and the necessary expenses are paid, the file shall be sent to the competent regional court of justice by the court that rendered the decision. If the relevant department of the regional court of justice does not deem the decision regarding the rejection of the petition of appeal as appropriate, it shall conduct the necessary examination according to the first petition of appeal.
…. TO THE RELEVANT CRIMINAL DEPARTMENT OF THE REGIONAL COURT OF JUSTICE
To Be Sent
… CRIMINAL COURT,
FILE NO : …/…
IN THE APPEAL REQUEST
DEFENDANT PRESENT:
DEFENDANT
ADDRESS :
CRIME :
DATE OF OFFENSE : …/…/…
DATE OF DECISION : …/…/…
SUBJECT : Our objection to the decision of the … Criminal Chamber dated …/…/…/… day …/… E. …/… K.
EXPLANATIONS :
1-) In the examination of the file registered in the above-mentioned case of your department; It has been decided to reject our appeal application, which was not made on time in terms of time.
2-) We are of the opinion that the above numbered decision of your department was taken as a result of incomplete examination and therefore contrary to the procedure and the law.
3-) Therefore, we hereby submit this petition of appeal to ……. Criminal Chamber to be sent to your court.
CONCLUSION AND REQUEST : For the reasons explained above, in order for our objections to the rejection decision to be evaluated, our petition of objection …. Criminal Chamber for the consideration of our objections to the rejection decision. …/…/…
Appellant Defendant’s Counsel
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