Code of Criminal Procedure (CMK) m.according to Article 272; “An appeal may be filed against the judgments given from the courts of first instance. However, the provisions relating to prison sentences of fifteen years and more are examined ex officio by the district court of justice. An appeal may also be filed together with the judgment against court decisions that were issued before the judgment and constitute the basis of the judgment or are not provided for by any other legal means.”
As can be understood from the provision of this article, an appeal against the final decisions made by the courts of first instance may be applied to the legal remedy. The final decision is the decision by which the court of first instance withdraws its hand from the file and terminates the trial from its point of view. The parties to the trial may appeal against this decision to the law.
However, as stated in the article that form the basis for the provision in other words, that influence the final decision unless specified in any other law for the decision of Dec Dec decisions given by the court of Appeal also this can be the final decision.
FOR WHICH DECISIONS CANNOT THE APPEAL BE APPLIED TO THE LEGAL REMEDY?
CMK ‘s 272/3. in accordance with the article;
With the exception of judicial fines converted from imprisonment, the judicial fine determined as a result, including three thousand Turkish Liras to the provisions of conviction,
Acquittal provisions for crimes requiring a judicial fine not exceeding the upper limit of five hundred days,
An appeal against the provisions found to be final in the laws cannot be applied.
These decisions have the final effect of judgment as soon as they are made. However, in terms of this decision, CMK ’s 309. according to the article, it is possible to go to the path of distortion in the interest of the law, which is an extraordinary legal way.
WHO CAN APPLY TO THE LEGAL WAY OF APPEAL?
Those who can apply to the legal way of appeal are regulated in Article 273/4 of the Code of Criminal Procedure. According to this;
Suspect,
Participating,
Those whose request to participate has not been decided, has been rejected,
Those who have been harmed by the crime in such a way that they can receive the title of participant,
They can apply to the legal way of appeal.
Even if these persons have not shown the reasons for applying in their petitions of appeal, an ex officio examination is carried out by the Regional Courts of Justice. For example, in the defendant’s petition for appeal, “I request that the judgment be examined by appeal.” even if he says it, it’s enough. However, it is useful to specify the reasons for applying in the appeal petition in order for the examination to be carried out more healthily.
However, according to Article 273/5 of the Code of Criminal Procedure; The public prosecutor also has the authority to apply to the legal way of appeal. However, the public prosecutor must clearly present the reasons for the application in writing together with the reasons. Interested parties must submit their answers to the appeal application of the Public prosecutor within 7 days.
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