Paylaş: Appeal for the Benefit of the Law
Regulated under Articles 309 and 310 of the Turkish Criminal Procedure Code
The Process of Appeal for the Benefit of the Law
If the Ministry of Justice discovers a legal error in a decision or judgment issued by a judge or court that has become final without appellate review, it may submit a written request to the Chief Public Prosecutor of the Court of Cassation to overturn the decision. If there is another available legal remedy, an appeal for the benefit of the law cannot be filed. There is no time limit for submitting this type of appeal.
The Chief Prosecutor reviews the Ministry’s reasons and forwards the request to the relevant criminal chamber of the Court of Cassation. If the chamber finds merit in the request, it may overturn the decision in favor of the law. This appeal does not suspend the execution of the judgment.
Reasons for the Appeal for the Benefit of the Law
The appeal for the benefit of the law is generally based on reasons that do not resolve the essence of the case, as defined in Article 223 of the Criminal Procedure Code. These include:
- For judgments that do not address the essence of the case, the judge or court re-evaluates the case and issues a new decision after the necessary examination.
- For convictions with procedural errors or restrictions on the right to defense, a retrial is conducted, and the new judgment cannot impose a heavier penalty than the previous one.
- For judgments other than convictions, the appeal for the benefit of the law cannot lead to a negative outcome for the defendant and does not require a retrial.
- If the sentence of the defendant needs to be annulled or reduced, the criminal chamber of the Court of Cassation can directly impose this lighter penalty.
Judgments resulting from an appeal for the benefit of the law are not subject to further objection.
Application by the Chief Public Prosecutor of the Court of Cassation
If the conviction requires the annulment or reduction of the sentence, the Chief Public Prosecutor of the Court of Cassation may independently file an appeal for the benefit of the law. However, if the Ministry of Justice has already submitted the request, the Chief Prosecutor may not file it independently.
The appeal for the benefit of the law is an essential legal mechanism for ensuring justice through judicial oversight.
This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying or use is prohibited.
