Appeal and cassation: which decision, and within what time?

Realising on the way out of the courtroom that you did not quite catch the judgment is enough to be too late. In criminal proceedings the time limits for challenging a judgment run in days, and once the period passes the judgment becomes final however contested its content may be. That is why noting the date on which the judgment was pronounced or served matters as much as the file itself.

Appeal: the judgment looked at again

An appeal (istinaf) is an application to the regional court of appeal (bölge adliye mahkemesi) against the judgment of a court of first instance. The review is not limited to points of law: the regional court of appeal also examines the facts. Where it sees fit, it holds a hearing, hears witnesses, carries out a site inspection or commissions an expert report. In other words, the file can be dealt with on the merits a second time.

The period for lodging an appeal is seven days from the pronouncement of the judgment in your presence. Where the judgment was given in your absence, the period runs from the date it was served on you. The application is made by a petition filed with the court that gave the judgment, or by a statement to the court clerk that is entered in the record.

Not every judgment can be appealed. Appeal is closed against certain judgments imposing judicial fines below the statutory threshold, and against decisions separately listed in the law. These thresholds are set by reference to the final sentence.

Cassation: a review of lawfulness only

Cassation (temyiz) is an application to the Court of Cassation (Yargıtay) against the judgment of a regional court of appeal. The review here is narrow: the Court of Cassation does not reopen the question of how the events unfolded, but looks at whether the judgment was constructed lawfully. An argument along the lines of "the witness lied" will not on its own get anywhere in cassation; an argument that "the procedure required by law was not followed when the witness's statement was relied on" will be examined.

The period for cassation is fifteen days, running from the pronouncement of the judgment or from the date it was served.

The cases in which cassation is closed are listed in the law. As a rule, decisions rejecting an appeal on the merits in relation to prison sentences and judicial fines below a set amount cannot go to cassation. That restriction has its own exceptions, and the offence on which the judgment was based is decisive.

A decision of the regional court of appeal quashing the judgment cannot be taken to cassation, because that decision sends the file back to the court of first instance.

What the petition should contain

There is no set form for the petition, but the following are expected:

• The court that gave the judgment, the case and judgment numbers, and the date of the judgment
• The capacity of the applicant: defendant, defence counsel, intervening party, counsel for the intervening party, or public prosecutor
• Which part of the judgment is being challenged — the sentence as a whole, only one offence, or only the length of the sentence
• The grounds relied on and the evidence supporting them
• What is being asked for: quashing, approval with correction, or acquittal

You can lodge the application within the period and put in your reasons afterwards. Where no grounds were given in a cassation application, a petition setting them out may be filed within a short additional period running from service of the reasoned judgment. If that additional period is also missed, the cassation application may be rejected.

The only route for a missed deadline

Where the period was missed for a reason beyond your control, you can ask for reinstatement (eski hâle getirme). The request is made within a short period from the moment the obstacle falls away, together with documents proving it, and the challenge to the judgment is filed in the same petition. Illness, defective service, or a failure inside the prison may be considered in this context.

Where the judgment has already become final, the route is different: quashing in the interest of the law and retrial are separate institutions, each subject to narrow conditions.

This article is for general information only and does not constitute legal advice on any specific matter. Time limits and monetary thresholds may be updated as legislation changes.