Criminal Appeal Process in Turkish Courts

The Turkish legal system provides multiple levels of appellate review for criminal convictions. Understanding the appeal process is essential for defendants dissatisfied with trial outcomes, as strict deadlines and procedural requirements govern these proceedings. Appeals offer opportunities to correct legal errors, challenge evidence evaluation, and potentially overturn convictions or reduce sentences.

Grounds for Appeal

Turkish law permits appeals based on specific legal grounds rather than simple disagreement with outcomes. Legal errors form the primary basis, including misapplication of law, incorrect interpretation of statutes, or procedural violations affecting fairness.

Evaluation of evidence can be challenged when courts ignore critical evidence, rely on inadmissible materials, or reach conclusions unsupported by the record. Appellate courts review whether trial judges reasonably interpreted available evidence.

Procedural violations that prejudice defendant rights constitute appealable errors. This includes denial of witness testimony, improper exclusion of defense evidence, or failure to provide adequate opportunity for defense presentation.

Sentencing errors arise when penalties fall outside legal ranges, when courts fail to apply mandatory reductions, or when aggravating factors are improperly applied. Disproportionate sentences compared to offense severity can also be challenged.

Regional Courts of Appeal (İstinaf)

The first appellate level involves regional courts of appeal. These courts conduct limited review of both factual and legal aspects of cases. Unlike trial courts, they do not hear new evidence or conduct witness examinations except in exceptional circumstances.

Appeals must be filed within seven days of receiving the written judgment. This deadline is strict, and late filings face rejection. Your attorney prepares written appeal petitions explaining specific errors and requesting relief.

The regional court reviews the trial record, including transcripts, evidence, and legal arguments. Both prosecution and defense can file written briefs supporting their positions. Oral arguments occur in some cases when courts request clarification.

Regional courts can affirm convictions, reverse judgments, modify sentences, or remand cases to trial courts for additional proceedings. Complete retrials at the regional level are rare but possible when evidence review proves necessary.

Court of Cassation (Yargıtay)

The Court of Cassation serves as Turkey’s highest criminal court for most cases. This court focuses exclusively on legal questions rather than factual disputes. It examines whether lower courts correctly applied the law.

Appeals to the Court of Cassation must be filed within seven days of receiving the regional court decision if appealing from that level, or within fifteen days from the initial judgment for cases that bypass regional review.

Cassation review is limited to the legal record. The court does not reconsider evidence or make factual findings. It examines whether legal principles were correctly applied to facts as found by lower courts.

Grounds for cassation include misinterpretation of law, application of wrong legal provisions, procedural violations affecting outcomes, and insufficient reasoning in lower court decisions. Discretionary sentencing receives limited review unless clearly disproportionate.

Constitutional Court Appeals

After exhausting ordinary appeal routes, defendants can petition the Constitutional Court claiming fundamental rights violations. This extraordinary remedy addresses constitutional issues rather than routine legal errors.

Common constitutional claims involve fair trial violations, due process denials, excessive detention, or rights infringements during investigation and trial. The Constitutional Court accepts only a small percentage of applications.

Petitions must be filed within thirty days of final judgment from ordinary courts. Applications require demonstrating that the alleged violation significantly affected the outcome and that all other remedies were pursued.

Automatic Review Requirements

Certain serious cases undergo mandatory appellate review regardless of whether defendants appeal. Sentences exceeding specific thresholds trigger automatic examination by higher courts.

Life imprisonment sentences and aggravated life imprisonment always receive mandatory review. These cases proceed through the complete appellate structure automatically, ensuring thorough examination of the most serious convictions.

Effect of Appeals on Sentences

Filing an appeal generally suspends sentence execution pending appellate resolution. You remain free if not detained pre-trial, or detention continues if already incarcerated. Bail during appeals follows similar criteria as pre-trial release.

Appellate courts can increase sentences in certain circumstances, though this occurs infrequently. The principle against worsening a defendant’s position through their own appeal provides some protection, but prosecution appeals create risk of increased penalties.

New Evidence on Appeal

Introducing evidence not presented at trial faces significant restrictions. Appellate courts generally limit review to the trial record. Newly discovered evidence requires showing it was unavailable despite diligent efforts during trial.

Motions for new trials based on new evidence follow separate procedures. These extraordinary remedies require demonstrating that the evidence would likely change the outcome if considered.

Appellate Court Decisions

When appellate courts reverse convictions, several outcomes are possible. Complete acquittal ends prosecution permanently. Remand for new trial returns cases to trial courts with instructions for correcting identified errors.

Sentence modifications occur when appellate courts find legal errors in punishment without disturbing conviction validity. Reduced sentences take effect immediately upon decision.

Affirmation of convictions and sentences makes judgments final, exhausting ordinary appeal options. Constitutional Court petitions remain available for rights-based challenges.

Strategic Considerations

Not every adverse judgment warrants appeal. Your attorney evaluates the strength of potential grounds, likelihood of success, and strategic implications. Frivolous appeals waste time and resources without improving outcomes.

Settlement negotiations sometimes continue during appeals. Prosecution may offer reduced charges or sentences to resolve cases without further proceedings. These opportunities depend on specific circumstances and charge types.

 

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Work With Experienced Legal Counsel

Soylu Law provides comprehensive appellate representation in criminal cases.

Our firm reviews trial records to identify appealable errors and prepares detailed appellate briefs. We handle proceedings at regional courts of appeal, the Court of Cassation, and the Constitutional Court.

We assist international clients whose cases involve cross-border legal issues requiring appellate examination. Our team manages all documentation and coordinates with trial counsel when necessary.

 

For more assistance or consultation on this matter, you can contact us.