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Author Topic: What is appeal?  (Read 39 times)

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What is appeal?
« on: November 28, 2018, 09:34:45 PM »
What is Appeal in Turkish law system?
Appeal means judicial review of a decision once again by a
higher court. In regular courts, higher court is the Court of
Cassation and in administrative, it is the Council of State.
Some decisions of the administrative courts and tax courts
may be appealed before the regional administrative courts.

How is an appeal requested?
A petition is submitted to the Court within the designated
time limit to start the appeal process.

How is an appeal petition drafted?
The reason you make an appeal against the decision must
be shown in the petition. You have to explain why you want
the decision to be quashed. You need to put in detail and
give number to the contradictions which you think to have
occurred during the trial. The petition should include one
extra copy apart from the total number of parties.
What is the focus of an appeal stage?
Aim of the appeal is to control if there has been any
contradiction with the Law during the trial.

What is the time limit for appeal?
This time limit may change depending on the type of courts:
It is 7 days beginning from notification or pronouncement
in criminal courts,
15 days beginning from notification in civil courts of first
instance (Family, Commercial and Consumer Courts),
8 days beginning from notification in civil courts of peace,
10 days beginning from notification or pronouncement in
civil courts of enforcement,
8 days beginning from notification or pronouncement in
labour courts,
30 days beginning from notification in administrative and
tax courts.
As seen above, time limit for appeal may start when the
judge pronounces the decision or when the notification is
made depending on the type of the court. If the decision
is rendered in the absence of the party who has a right
to appeal, the time limit starts when this party is notified
in writing. In case no petition is submitted within the
designated time limit, it means you renounce your right to
appeal.

What happens as a result of the appeal?
The Court of Cassation/Council of State reviews the decision
rendered by the first instance court; if a contradiction is
detected, the decision is quashed and sent back to the first
instance court to be heard once again. In case the Court of
Cassation/Council of State does not find any violation of law,
the decision is upheld and becomes final.

Would my penalty get heavier if I go for an appeal?
No. The opinion that the penalty would get severer if a
person appeals to the Court of Cassation and his/her appeal
is dismissed, has no legal grounds. The Court of Cassation
does not impose heavier penalties against the party who
uses his right to appeal. In case the decision has been
quashed based on the appeal of the accused person only,
the penalty to be rendered after re-trial cannot be heavier
than the first one. However, it should be noted that also
the intervener (victim and the person who intervenes to the
trial) and the Public Prosecution Office have right to appeal.
In case one of these parties submits an appeal, the decision
may be quashed against the accused person.

Is a decision appealed automatically?
No. An application is needed to appeal a case. There is
an exception to this rule. The decisions which impose
imprisonment of 15 years and more is automatically
reviewed by the Court of Cassation. Except for this situation,
in all cases, appeal must be requested by one of the parties.
In case the appeal is not submitted to the Court within the
designated time limit, the right to appeal is exhausted. The
Public Prosecutor may also appeal the case in favour of or
against the accused.

I did not appeal, but the other party did. What will be the
results of his appeal for me?

If the decision has been quashed in favour of the accused
and if it is possible to apply it also for the other accused
people, you can benefit from this reversal of decision as if
you made an application for appeal. But it does not mean
this reversal will be valid for you automatically. If there is
no possibility to apply it also for you, the decision becomes
final decision on behalf of you, but it is quashed for the
others who appealed the decision.

What is the petition submitted to delay the time limit?
Since the 7-day-time limit for appeal starts when the decision
is pronounced in criminal cases, a petition is submitted to
the Court in order to delay the termination of this time limit
until the reasoned decision is written. This petition includes
your request of appeal and you state you will submit your
reasons for appeal in writing after the reasoned decision.
Therefore, when you want to submit such a petition, you
should write clearly that you request appeal. The same
procedure is applied in labour cases, but it is not applicable
for civil cases.

Is a hearing conducted for appeal?
As a rule, appeal stage is carried out over case files without
a hearing. But in some circumstances, upon the request of
the parties or when required by the higher court, a hearing
may be conducted. In criminal cases, only the accused (and
his lawyer) is called for the appeal hearing. The detainee has
no right to attend to the hearing conducted in the Court of
Cassation. If you want your appeal process carried out with
a hearing, you need to state it in your appeal petition.
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