Art. of the Code of Criminal Procedure. In 286, the Appellate Code was issued. According to this provision;
The provisions of the court of Appeal other than the decision to overturn (Criminal Procedure Code m.286/1).
Court decisions that were issued before the verdict and were the basis of the verdict or were not otherwise provided for by law may also be appealed together with the verdict (Criminal Procedure Code m.287)
DECISIONS OF THE DISTRICT COURT OF JUSTICE THAT CANNOT BE APPEALED TO THE LAW
Decisions of the Regional Court of Justice that cannot be appealed are subject to Article 286 of the Code of Criminal Procedure. It is regulated in the Article. According to this provision;
Decisions of the regional court of justice on the fundamental refusal of the application for appeal against fines of five years or less imprisonment and judicial fines, regardless of the amount, issued by the courts of first instance,
Decisions of the regional court of justice that do not increase the sentences of imprisonment for five years or less issued by the courts of first instance,
All kinds of decisions on option sanctions and decisions on the fundamental rejection of the appeal application issued by the regional court of justice in relation to the decisions of the court of first instance on option sanctions reversed from imprisonment,
The third paragraph of Article 272 and issued by the regional court for the first time outside the scope of justice convictions, excluding the duty of the court of first instance he entered the upper limit of the law and up to two years (two years, including all kinds of crimes punishable by imprisonment and criminal fines attached to them, the decisions of the Regional Justice Court,
All kinds of decisions of the regional court of justice regarding the provisions issued by the courts of first instance in crimes requiring a judicial fine,
Decisions of the court of first instance only on the confiscation of goods or earnings or on the fundamental refusal of the application for appeal in relation to decisions of the court of first instance on the absence of a place for them,
Decisions on the substantive rejection of the appeal application in relation to acquittal decisions issued by the court of first instance for crimes requiring a prison sentence of ten years or less or a judicial fine,
Such decisions made by the district court of justice in relation to the decisions of the court of first instance on the security measure or decisions on the substantive rejection of the appeal application,
Decisions of the regional court of justice, which include more than one of the penalties and decisions with the same provision, provided that they remain within the limits set out in the above paragraphs,
The appeal cannot be taken to the court of law. On the other hand, for some crimes, regardless of the amount of the penalty or the limit of appeal, even if the above situations are in question, the appellant has the right to appeal to the law. These crimes are as follows:
Insult (Turkish Penal Code art. 125)
In order to create fear and panic among the public, a threat (Turkish Penal Code Dec. 213)
Incitement to commit a crime (Turkish Penal Code art. 214)
Praise the crime and the offender (Turkish Penal Code art. 215)
Incitement or humiliation to hatred and hostility of the people (Turkish Penal Code art. 216)
Incitement to disobey the laws (Turkish Penal Code art. 217)
Insult to the President (Turkish Penal Code art. 299)
Humiliation of the signs of sovereignty of the state (Turkish Penal Code art. 300)
Humiliation of the Turkish Nation, the State of the Republic of Turkey, institutions and organs of the State (Turkish Penal Code art. 301)
Armed organization (Turkish Penal Code art. 314)
Cooling the people out of military service (Turkish Penal Code art. 318) crimes.
The crime of propaganda contained in the second and fourth paragraphs of Article 6 and the second paragraph of Article 7 of the Anti-Terrorism Law.
The crime of meeting and demonstration marches contained in the first paragraph of Article 28, article 31 and article 32 of the Law on Meetings and Demonstration Marches.
If this is the case, an appeal may be appealed to the law in any case, regardless of the amount of the fine.
APPEAL AUTHORITY OF THE PROSECUTOR GENERAL’S OFFICE OF THE REGIONAL COURT OF JUSTICE
According to Article 308/A of the Code of Criminal Procedure, the Prosecutor General’s Office of the Regional Court of Justice may appeal against decisions made by the criminal departments of the regional court of justice. An appeal can be filed officially or at the request of the interested parties to the decision-making department. The appeal period of the Prosecutor General’s office is 30 days from the date the decision was made to him. However, if the decision of the District Court of Justice is in favor of the defendant, the appeal period is not sought.
In cases where the appeal is considered on the spot, the decision is corrected by the court that issued the decision. In cases where the objection is not considered to be in place, the criminal department that makes the decision sends the file to the board of heads of criminal departments to examine the objection. A report is prepared on the appeal sent to the board to be submitted to the board by the head of the department whose decision is being challenged or the member it will appoint. The decisions of the Board on the acceptance of the appeal are sent to its office as required. The decisions made by the Board are final.
Professional legal support is needed in the process of retaining the decision made as a result of the criminal trial. Because the decision has now been taken against or in favor of the court of first instance. Applying to the appeal law with a criminal lawyer will prevent future rights losses that may occur.
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