According to Article 272 of the Criminal Procedure Code (CMK); “An appeal can be made against the judgments rendered by the courts of first instance. However, the provisions regarding prison sentences of fifteen years or more are examined ex officio by the regional court of appeal. Against the court decisions which were rendered before the verdict and formed the basis of the decision or for which no other legal remedy was foreseen, an appeal may be filed together with the verdict.
As it can be understood from the provision of this article, an appeal can be made against the final decisions given by the courts of first instance. The final decision is the decision of the first-instance court, which withdraws its hand from the file and ends the proceedings for its own sake. The parties to the trial may appeal against this decision.
However, as stated in the provision of the article, if no other legal remedy is foreseen for the interim decisions that form the basis of the decision, in other words, that has an effect on the final decision, these interim decisions made by the court can be appealed together with the final decision.
FOR WHICH DECISIONS, APPEAL CANNOT APPLY TO LAW?
272/3 of the Criminal Procedure Law in accordance with the article;
Except for the judicial fines converted from imprisonment, to the provisions of the conviction to a judicial fine including three thousand Turkish Liras determined as a result,
Acquittal of crimes requiring a judicial fine with an upper limit not exceeding five hundred days,
It is not possible to appeal against the provisions that are written as final in the laws.
The decisions in question have the effect of final judgment when they are made. However, in terms of this decision, it is possible to resort to annulment for the benefit of the law, which is an extraordinary legal remedy pursuant to Article 309 of the Criminal Procedure Law.
WHO CAN APPLY TO THE LAW OF APPEAL?
Those who can apply to the appeal law remedy are regulated in Article 273/4 of the Criminal Procedure Code. According to this;
Accused,
participating,
Those whose request to join has not been decided or rejected,
Those who have been harmed by the crime in a way that can take the title of participant,
They can apply to appeal law.
Even if these persons have not shown the reasons for their application in their petitions of appeal, the Regional Courts of Justice will ex officio examine them. For example, in the defendant’s petition of appeal, “I request that the judgment be reviewed through appeal.” even that is enough. However, it is useful to state the reasons for the application in the petition of appeal in order to carry out the examination more healthily.
However, according to Article 273/5 of the Criminal Procedure Code; The public prosecutor also has the authority to apply to the appeal law. However, the Public Prosecutor must clearly present the reasons for the application together with the reasons in writing. Those concerned must submit their answers within 7 days to the appeal of the Public Prosecutor.
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