In Turkey, appeal processes in criminal cases are seen as the last chance for a fair trial. Appeals can be made to ensure that court decisions are fair and correct. In this article, we explain the appeal processes in criminal cases in Turkey and how you can file an appeal.
What is an Appeal?
An appeal is the superior court’s review of the legal and procedural aspects of the lower court’s decision. The appeal process is used to check whether the decision is fair and lawful.
Appeal Application Conditions
In order to be able to file an appeal in criminal cases in Turkey, first of all, it must comply with the application conditions according to the nature of the case and the type of punishment given. For example, penalties exceeding a certain prison term or fines above fines may be appealed.
Appeal Periods
In criminal cases, appeal times are quite limited. An appeal must be filed within 15 days from the date of notification of the decision. This period is considered to be 15 days plus postal time for postal notices. If the deadline is missed, the right to appeal is forfeited.
Petition of Appeal and Its Content
The appeal is made with the petition of appeal. The petition should clearly and comprehensibly state why the lower court’s decision was unlawful and on what legal grounds the appeal was made. In the petition, it should be stated on what legal grounds the appeal is made and on what evidence these reasons are based.
Appeal Process and Results
The appeal application is examined and decided by the Supreme Court. If the Supreme Court accepts the application, it reverses the decision and sends the file to the lower court for reconsideration. If the Supreme Court rejects the application, the decision of the lower court becomes final.
Retrial After Appeal
If the Supreme Court reverses the decision, the lower court must reconsider the case. In the retrial process, the lower court has to act in accordance with the decision of the Supreme Court. The Supreme Court gives directions to correct the erroneous decision of the lower court, and the lower court re-decides in accordance with these instructions.
Appeal and the Role of the Lawyer
When filing an appeal, it is important to seek support from an experienced attorney. The lawyer is well aware of the appeal processes and application requirements and will assist you in preparing all the documents required for a successful application. Also, by presenting the appeal and legal arguments accurately, your attorney increases the chances of your application being accepted.
Conclusion
Appeal processes in criminal cases in Turkey should be considered as the last chance for a fair trial. When filing an appeal, it is important to carefully consider the terms and conditions and to seek support from an experienced lawyer. As Karanfiloğlu Law and Mediation, we are proud to offer you the best service in your appeals.
