Paylaş: Appeal Process in Criminal Procedure: Rights, Process, and Recent Amendments
The Criminal Procedure Code regulates the right to appeal against judicial decisions. The appeal process serves as an essential phase for reviewing decisions and has been updated with recent legal changes that clarify rights and procedures.
Parties Entitled to Appeal
Those eligible to file an appeal include:
- The public prosecutor,
- Suspects and defendants,
- Complainants and those recognized as victims or those who were denied victim status.
Prosecutors at the high criminal court may appeal decisions of courts within the same jurisdiction; those at the regional court may appeal decisions of regional courts.
Public Prosecutor’s Right to Appeal in Favor of the Defendant and Prohibition of Reformatio in Peius
The public prosecutor can also appeal in favor of the defendant, invoking the prohibition of reformatio in peius. This means that the appellate court cannot impose a harsher sentence than the original if the appeal is in favor of the defendant.
The prosecutor may also request overturning the decision against the defendant. However, if an appeal was filed in favor of the defendant, the subsequent ruling cannot worsen the defendant’s situation.
Appeal by Suspect or Defendant
A suspect or defendant can appeal personally or through their attorney. The right to appeal is also extended to the legal representative and spouse of the defendant, allowing them to appeal within the legal timeframe.
The spouse of the complainant does not hold this right, meaning that the right to appeal is solely granted to the recognized complainant.
Appeal by a Detained Defendant
A detained suspect or defendant may:
- File an appeal with the clerk or institution director,
- Submit a written petition to initiate the appeal.
Once filed, the appeal is recorded and a copy of the record is provided to the detainee. This filing stops the statute of limitations on appeals.
Withdrawal from Appeal
An appeal can be withdrawn before the final decision is issued. However, the prosecutor’s appeal on behalf of the defendant cannot be withdrawn without the defendant’s consent. Additionally, an attorney must have special authorization in the power of attorney to withdraw the appeal.
If the defendant has no legal counsel, and is a child or incapable of self-defense, a defense attorney is appointed. In case of conflict between the defendant and appointed attorney regarding the withdrawal, the attorney’s decision prevails.
Recent Legal Amendments and Conclusion
Recent legal changes have introduced additional clarity regarding the appeal procedures for detained defendants and prohibition of reformatio in peius. These amendments aim to ensure a fair and effective appeal process that upholds justice.
This article was prepared by Attorney Hüseyin Bayar, founder of Bayar Law Firm, and belongs to Bayar Law Firm. It cannot be copied or used without permission.
