INKO LEGALINKO LEGAL Attorneys at Law
CRIMINAL LAW

Legal Remedies: Appeal (İstinaf) and Cassation (Temyiz)

Except for judgments made final by statute, a first-instance judgment may be reviewed on appeal (istinaf) by the regional court of appeal and, where the conditions are met, on cassation appeal (temyiz) by the Court of Cassation (Yargıtay). Time limits are short, run from service of the reasoned judgment, and a missed time limit extinguishes the right; the work at this stage is to compare the reasoning of the judgment with the records and evidence and to show concrete violations.

The appeal on facts and law (istinaf) is lodged with the court that gave the judgment within two weeks of service of the reasoned judgment (Article 273 of the Code of Criminal Procedure, CMK); the regional court of appeal examines the file on both the facts and the law. The cassation appeal (temyiz) is also lodged within two weeks of service of the reasoned judgment (Article 291 CMK), and the Court of Cassation (Yargıtay) reviews only for violations of the law; the cassation petition must state the ground for reversal (Article 294 CMK). Where the judgment of the court of first instance concerning imprisonment of five years or less has been rejected on the merits on appeal, cassation is closed except for the exceptions listed in the law (Article 286 CMK). Where the application is made only in favour of the accused, the new judgment may not be more severe than the previous one.

What we do in this area

Except for judgments made final by statute, a criminal court judgment may be challenged by appeal on facts and law (istinaf) before the regional court of appeal (Article 272 et seq. of the Code of Criminal Procedure, CMK) and, where the conditions are met, by cassation appeal (temyiz) before the Court of Cassation (Yargıtay) (Article 286 et seq. CMK). At this stage the firm handles the examination of the reasoned judgment, the preparation of the appeal and cassation petitions, the defence where the regional court of appeal opens a hearing, the response to the Chief Public Prosecutor's opinion (tebliğname) at the Court of Cassation stage, extraordinary legal remedies and individual application to the Constitutional Court. We act for both the accused and the intervening party; in files where the first instance stage was conducted by another counsel, the appeal stage alone is also taken on.

This page is a sub-topic of the criminal law tree; the trial leading to the judgment is described on the prosecution and trial process page. In the province where the firm is located, appeals are examined by the criminal chambers of the İzmir Regional Court of Appeal.

Remedies and time limits

Remedy Authority Time limit Basis
Appeal (istinaf) Criminal chamber of the regional court of appeal Two weeks from service of the reasoned judgment Article 273 CMK
Cassation (temyiz) Criminal chamber of the Court of Cassation Two weeks from service of the reasoned judgment Article 291 CMK
Retrial The court that gave the judgment Against a final judgment, where the grounds listed in the law arise Article 311 CMK
Individual application Constitutional Court Thirty days from exhaustion of legal remedies Article 47 of Law No. 6216

How the process works

When the reasoned judgment is served, the two-week appeal period begins; the petition is submitted within this period to the court that gave the judgment (Article 273 CMK). The regional court of appeal first conducts a preliminary examination (Article 279 CMK) and then considers the file on both the facts and the law. At the end of the examination it decides to reject the application on the merits, to reject it on the merits after correcting the violation of law, to set aside the judgment and send the file back to the court of first instance, or to open a hearing and give a new judgment (Article 280 CMK). When a hearing is opened, new evidence may be presented and witnesses may be heard.

Cassation is a review for violations of the law; the Court of Cassation does not reassess the facts (Article 288 CMK). The appellant must state in the petition the ground on which the judgment should be reversed (Article 294 CMK); a cassation request that states no ground is rejected. The opinion (tebliğname) of the Chief Public Prosecutor's Office at the Court of Cassation is served on the parties if it contains a view adverse to them, and a written reply may be given within the statutory period (Article 297 CMK). The Court of Cassation either upholds or reverses the judgment; upon reversal the file returns to the relevant court, which decides whether or not to comply with the reversal.

Extraordinary remedies are available against a final judgment: retrial (Article 311 CMK) operates in cases such as new evidence or facts, or a judgment based on a forged document or false testimony; reversal in the interest of the law (Article 309 CMK) proceeds on the request of the Ministry of Justice. After domestic remedies have been exhausted, an individual application may be made to the Constitutional Court within thirty days.

Time limits and points to watch

The time limits for legal remedies are forfeiture periods and run from service of the reasoned judgment. If the time limit is missed for a reason beyond the party's control, a request for restoration is made within the statutory period from the removal of the obstacle (Articles 40-42 CMK). An application made in time suspends the finality and enforcement of the judgment.

Decisions of the regional court of appeal rejecting on the merits an appeal against judgments of the court of first instance concerning imprisonment of five years or less and judicial fines cannot be taken to cassation, except for the exceptions listed in the law (Article 286 CMK). In these files the appeal is the final review of the file and the petition is prepared accordingly.

If the judgment has been appealed or taken to cassation only by the accused or in the accused's favour, the new judgment may not be more severe than the previous one (Articles 283 and 307 CMK). This protection applies where all applications are in favour of the accused, including a favourable application by the prosecutor; an admissible application against the accused may remove that protection. Persons harmed by the offence in a manner that would entitle them to intervening party status may pursue legal remedies even if their request to intervene was not decided or was refused (Article 260/1 CMK); a request to intervene may not be raised for the first time at the appeal stage (Article 237/2 CMK).

How we work

The firm calendars the date of service of the reasoned judgment. The reasoning is checked against the hearing records, court-appointed expert reports and the list of evidence; the petition is written under separate headings for procedure and merits and submitted to the court that gave the judgment within the two-week period. In cassation, care is taken that the petition contains concrete grounds of violation of law and that the right to respond to the tebliğname is exercised. The outcome of the appeal and the time limits for extraordinary remedies and individual application are calendared together.

The two-week istinaf and temyiz periods stated here apply to judgments given on or after 1 June 2024. Earlier judgments are subject to the applicable transitional rules.

FREQUENTLY ASKED

What people ask about this area

The judgment has been pronounced. Should I wait for the reasoned judgment?
Yes. The period for appeal (istinaf) and cassation (temyiz) is two weeks from the date on which the judgment is served together with its reasoning (Articles 273 and 291 of the Code of Criminal Procedure, CMK); the period runs from service of the reasoned judgment, not from pronouncement at the hearing. Even if the judgment was pronounced in the party's absence, service is what counts. While awaiting service, a preliminary review can be made on the basis of the hearing records and the list of evidence; the petition is submitted within two weeks of the date of service. This two-week regime applies to judgments given on or after 1 June 2024; earlier judgments require a separate transitional-law assessment.
What is the difference between appeal (istinaf) and cassation (temyiz)?
On appeal (istinaf), the regional court of appeal examines the file on both the facts and the law; where necessary it opens a hearing, hears witnesses and gives a new judgment. On cassation (temyiz), the Court of Cassation (Yargıtay) reviews only for violations of the law and does not reassess the facts (Article 288 of the Code of Criminal Procedure, CMK). Cassation is not available against every decision; decisions rejecting on the merits an appeal concerning prison sentences of five years or less are as a rule final (Article 286 CMK).
If only I appeal, can my sentence be increased?
If the judgment has been challenged only by the accused or in the accused's favour, the new judgment may not impose a penalty more severe than the one set in the previous judgment (Articles 283 and 307 of the Code of Criminal Procedure, CMK). If the prosecutor or the intervening party has also applied against the accused, this safeguard does not apply. For this reason, whether the other side has applied matters when deciding on the application.
The judgment has become final. Is there still anything that can be done?
Against a final judgment, retrial (Article 311 of the Code of Criminal Procedure, CMK) may be requested in the cases listed in the law, such as new evidence or facts, or a judgment based on a forged document or false testimony. Reversal in the interest of the law (Article 309 CMK) proceeds on the request of the Ministry of Justice. An individual application alleging a violation of fundamental rights may be made to the Constitutional Court within thirty days of the exhaustion of domestic remedies.

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IMPORTANT NOTICE

This page is general information only and does not constitute legal advice. Every file is assessed on its own documents, dates and parties; the general explanations here cannot be applied directly to your own situation. Prepared in line with the Union of Turkish Bar Associations’ advertising restrictions. This English text is a courtesy translation prepared by the firm; in case of any discrepancy the Turkish text prevails.

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