Cassation Appeal

Outlined in Articles 286 – 307 of the Turkish Criminal Procedure Code

The cassation appeal provides a critical mechanism for judicial review of first-instance court decisions in Turkey. The appeal process, regulated between Articles 286 and 307 of the Turkish Criminal Procedure Code, contributes to the establishment of justice by examining legal compliance. Decisions by regional court criminal chambers, except those that overturn a ruling, can be subject to cassation appeal.

The following rulings cannot be appealed to the Court of Cassation:

• Sentences involving up to five years’ imprisonment and any monetary fines imposed by lower courts,
• Alternative sanctions imposed by the courts of first instance,
• Convictions for offenses punishable by up to two years’ imprisonment and related fines, initially decided by the regional court of appeal.

Certain offenses are eligible for cassation appeal, including:

• Insult (Article 125),
• Incitement to commit a crime (Article 214),
• Insulting the President (Article 299),
• Forming an armed organization (Article 314).

Cassation appeals can only be filed based on legal violations. Absolute violations include:

• The court was not lawfully constituted,
• A judge who should have been recused participated in the ruling,
• Restriction of the right to defense.

In cases involving legal rules favoring the defendant, the prosecutor cannot file a cassation appeal against the defendant.

The appeal must be filed within two weeks from the date the judgment is served, with a written petition submitted to the court or a verbal statement to the court clerk.

A timely cassation appeal prevents the ruling from becoming final. If the judgment was not served with reasons, the court must serve the grounds for the decision within seven days.

If the cassation appeal is submitted late or filed against a non-appealable ruling, the court will dismiss the petition. The parties may challenge the dismissal decision.

When the cassation appeal reaches the Court of Cassation, the relevant chamber conducts a preliminary review to address any deficiencies and proceeds to the core examination of the case. The appellant must state specific grounds for reversing the judgment.

If reasons for cassation appeal are not specified, additional grounds can be submitted within seven days. The prosecutor must clearly indicate whether the appeal is in favor of or against the defendant.

The Court of Cassation reviews the appeal within the scope of the issues raised in the petition. However, it may also reverse the decision ex officio for any absolute legal violations listed under Article 289 of the Turkish Criminal Procedure Code.

The Court of Cassation may conduct a hearing for sentences involving ten or more years of imprisonment. If the defendant is in custody, they do not have the right to attend the hearing.

If the Court of Cassation finds no legal violation, it rejects the appeal. However, if a legal violation is found, it may reverse all or part of the judgment, providing detailed reasons.

When the Court of Cassation issues a reversal decision, the case is referred back to the relevant regional court or first-instance court, which must comply with the reversal grounds. The court then conducts a re-evaluation based on the reversal and issues a final decision.

After the Court of Cassation issues a reversal decision, the court handling the re-evaluation seeks the parties’ views on the grounds for reversal before proceeding. If the court complies with the reversal decision, only the cassation appeal remains open. However, if the court resists the decision, the ruling is sent to the Court of Cassation’s General Criminal Assembly.

The cassation appeal process plays a vital role in ensuring justice and legal oversight. By addressing legal violations, the Court of Cassation upholds individuals’ rights and supports the justice system. This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying or use is prohibited.