CMK m.in 286, the Legal Way of Appeal is regulated. According to this provision;The provisions of the court of appeal other than the decision to overturn (CMK m.286/1).
Court decisions that were made before the verdict and constitute the basis of the verdict or are not provided for by any other legal means may also be appealed together with the verdict (CMK m.287)
DECISIONS OF THE REGIONAL COURT OF JUSTICE THAT CANNOT BE APPLIED TO THE LEGAL WAY OF APPEAL
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 rejection of the application for appeal against prison sentences of five years or less imposed by the courts of first instance and judicial fines, regardless of the amount,
Decisions of the regional court of justice that do not increase the prison sentences of five years or less imposed by the courts of first instance,
Decisions of the court of first instance regarding option sanctions converted from prison sentences and decisions made by the regional court of justice regarding all kinds of decisions related to option sanctions and decisions on the rejection of the appeal application on the merits,
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 given by the courts of first instance in crimes requiring a judicial fine,
Decisions of the court of first instance regarding the confiscation of only goods or earnings or the fact that there is no place for them, as well as decisions on the rejection of the application for appeal on the merits,
Decisions on the rejection of the appeal application on the merits in relation to the acquittal decisions made 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 regional court of justice in relation to the decisions of the court of first instance regarding the dropping of the case, the imposition of punishment, the security measure, or decisions on the rejection of the appeal application on the merits,
Decisions of the regional court of justice containing more than one of the penalties and decisions in the same provision, provided that they remain within the limits set out in the above paragraphs,
The appeal cannot be taken to the path of the law. On the other hand, for some crimes, even if the above situations are in question, regardless of the amount of punishment or the limit of appeal, there is a right to resort to the legal way of appeal. These crimes are as follows:
Insult (TCK m.125)
The threat in order to create fear and panic among the people (TCK m. Dec.213)
Incitement to commit a crime (TCK m.214)
Do not praise crime and the guilty (TCK m.215)
Inciting people to hatred and hostility or humiliation (TCK m.216)
Incitement to disobey the law (TCK m.217)
Insulting the President (TCK m.299)
Do not humiliate the signs of the sovereignty of the state (TCK m.300)
Humiliation of the Turkish Nation, the State of the Republic of Turkey, institutions and organs of the State (TCK m. 301)
Armed organization (TCK m.314)
Cooling people off from military service (TCK m.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 march, which is contained in the first paragraph of Article 28, Article 31 and Article 32 of the Law on Meetings and Demonstration Marches.
If it is in question, in any case, regardless of the amount of the penalty, the appeal can be applied to the legal route.
APPEAL AUTHORITY OF THE CHIEF PUBLIC PROSECUTOR’S OFFICE OF THE REGIONAL COURT OF JUSTICE
According to Article 308 / A of the Code of Criminal Procedure; The Chief Public Prosecutor’s Office of the Regional Court of Justice may appeal against decisions made by the criminal departments of the regional court of justice. The objection can be made to the decision-making department ex officio or upon the request of the interested parties. The period of appeal of the Prosecutor General’s office is 30 days from the date of submission of the decision to him. However, if the decision of the Regional Court of Justice is in favor of the defendant, the appeal period is not sought.
In cases where the objection is considered on the spot, the decision is corrected by the court making the decision. In cases where the objection is not considered in place, the criminal department, which makes the decision, sends the file to the board of heads of criminal departments to examine the objection. A report is prepared on the objection sent to the board to be submitted to the board by the head of the department whose decision is being challenged or a member to be appointed. The decisions of the Board regarding the acceptance of the objection are sent to the office for due consideration. The decisions made by the Board are final.
Professional legal support is needed in the process of transferring the decision made as a result of criminal proceedings to appeal. Because the decision made has now come out of the court of first instance against or in favor of the first instance. Applying for the legal remedy of appeal with a criminal lawyer will prevent future rights losses.
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