Appealing a Criminal Conviction in Türkiye: the Istinaf Route to the Regional Court under CMK 272-285

Istinaf is the appeal to the regional court of appeal against a judgment given by a first-instance court. Under CMK 272/1, an application for istinaf may be made against judgments given by first-instance courts, and judgments imposing imprisonment of fifteen years or more are examined by the regional court of appeal of its own motion (re'sen). Under CMK 272/2, decisions given before the judgment that form the basis of the judgment, or for which no other remedy is provided, can also be appealed together with the judgment.

Filing in time has one effect that the statute states in a single sentence. Under CMK 275/1, an istinaf application made within the period prevents the judgment from becoming final (hükmün kesinleşmesini engeller). That paragraph says nothing more, so this note does not describe any further effect on enforcement. CMK 276/2, discussed below, contains a rule on enforcement for one situation.

The route, in the order the Code gives it:

1. Filing with the court that gave the judgment (CMK 273/1).
2. First check by that court, which rejects an application that is late, directed at a judgment that cannot be appealed, or made by someone with no right to appeal (CMK 276/1).
3. Service on the other side, who may answer in writing within two weeks (CMK 277/1).
4. Transfer of the file to the regional court, where it is given to the competent criminal chamber (CMK 277/2, 278/1).
5. Preliminary review on the file (CMK 279/1).
6. Review of the file and the evidence, ending in one of the decisions listed in CMK 280/1.
7. A hearing, where the regional court decides to re-try the case (CMK 280/1-g, 281, 282), ending in a decision under CMK 280/2.

The provisions summarised here set no date for the decision of the regional court, and this note does not predict one.

Who may appeal. Under CMK 260/1, remedies are open against the decisions of judges and courts to the prosecutor, the suspect, the defendant, those who have acquired the status of intervening party (katılan) under the Code, and those whose request to join has not been decided or was rejected, or who were harmed by the offence in a way that could give them that status. Under CMK 260/3, the prosecutor may also use remedies in favour of the defendant. Under CMK 261/1, a lawyer may use remedies for the persons they act for as defence counsel or representative, on condition that this is not contrary to the express wish of the person. Under CMK 262/1, the legal representative and the spouse of a defendant may, of their own accord and within the period, use the remedies open to the defendant. The role of the victim who joins the case is explained in the note on joining a case as the victim.

Where and how. Under CMK 273/1, the istinaf application is made within two weeks from the date on which the judgment was served together with its reasoning, by giving a petition to the court that gave the judgment or by making a statement to the court clerk; the statement is recorded and the record is approved by the judge. The reasoned judgment and the start of the two weeks are explained in the note on the reasoned judgment and the appeal deadline. Under CMK 273/3, a prosecutor at a heavy penal court (ağır ceza mahkemesi) may use istinaf against judgments of the asliye courts within that court's jurisdiction, within two weeks from the date on which the decision reached the Chief Public Prosecutor's Office of that place.

Grounds. Under CMK 273/4, if the petition or statement of the defendant, of those who have become intervening parties, of those whose request to join has not been decided or was rejected, or of those who were harmed by the offence in a way that could give them that status, does not state the grounds of the application, this does not prevent the examination. A petition that sets out grounds is still the way to put the defence's points in front of the court; the paragraph says that the absence of grounds does not stop the examination. Under CMK 273/5, the prosecutor must state the grounds of the istinaf application clearly, with reasons, in a written request; that request is served on those concerned, who may give their answers within two weeks from service.

A defendant held on remand. CMK 273/1 reserves the rule of CMK 263 for a defendant on remand (tutuklu). Under CMK 263/1, a defendant who is on remand may use a remedy by making a statement to the court clerk or to the director of the prison or detention house where they are held, or by submitting a petition. Under CMK 263/4, once the clerk or the director has acted as the second paragraph requires, the periods fixed in the Code for remedies are deemed to have been interrupted (kesilmiş sayılır).

Judgments closed to istinaf. Under CMK 272/3, istinaf cannot be used against: (a) convictions to a judicial fine whose final amount is up to and including the limit written in the provision, apart from judicial fines converted from imprisonment (check the figure in the provision in force; it has been changed by amendment); (b) acquittals for offences requiring a judicial fine whose upper limit does not exceed five hundred days; and (c) judgments that the laws state to be final. Whether a given judgment falls into one of these groups is read from the judgment and the provision, not from this note.

Acting from abroad, and withdrawing. A person outside Türkiye can act through a lawyer with a power of attorney; see power of attorney for a Turkish criminal case from abroad. Under CMK 266/1, withdrawal of an application is valid until the authority has given its decision, but an application made by the prosecutor in favour of the defendant cannot be withdrawn without the defendant's consent. Under CMK 266/2, counsel or a representative can withdraw an application only if the power of attorney gives them special authority for this, so the wording of the power of attorney is worth reading before it is signed.

Restoration of time and the appeal are two filings. Under CMK 274/1, a defendant may apply for restoration (eski hâle getirme) against a judgment given against them in their absence. The istinaf period runs during the restoration period as well. Where the defendant applies for restoration, they must also make a separate istinaf application, and matters related to the istinaf application are postponed until the restoration application has been decided. The note on being convicted in your absence sets this out step by step.

The first check. Under CMK 276/1, the court that gave the judgment rejects the petition by a decision if the istinaf application was made after the statutory period, or against a judgment that cannot be appealed, or by a person who has no right to appeal. Under CMK 276/2, the prosecutor or the persons concerned who made the application may, within two weeks from service of the rejection decision, ask the regional court of appeal for a decision on this point; the file is then sent to the regional court. The same paragraph adds that enforcement of the judgment cannot be postponed for this reason.

The reply. Under CMK 277/1, a copy of the petition, or of the record of the statement, that the first court did not reject under CMK 276 is served on the other side, who may give their answer in writing within two weeks from service. Under CMK 277/2, if the other side is the defendant, they may also answer by making a statement to the court clerk, which is recorded. After the answer has been given, or the period for it has ended, the case file is sent to the regional court. Under CMK 277/3, CMK 262 and 263 are reserved. The two-week periods in CMK 273, 276/2 and 277/1 replaced seven-day periods by Law No. 7499 of 2 March 2024.

The chamber. Under CMK 278/1, when the case file reaches the regional court, it is given to the criminal chamber (ceza dairesi) competent under the allocation of work, and the chamber has any deficiencies in service remedied.

Preliminary review. Under CMK 279/1, at the end of the preliminary review on the file, the regional court decides to send the file to the competent regional court if it finds that it is not competent, or to reject the istinaf application if it finds that the application was not made within the period, that the decision whose review is sought is not among the decisions the regional court can review, or that the applicant has no right to apply. The same paragraph provides that these decisions are subject to objection (itiraz).

Under CMK 280/1, after examining the file and the evidence submitted with it, the regional court takes one of the decisions in the table. The first four lead to rejection of the appeal on the merits (esastan ret), with correction of the unlawfulness in the situations the text names; the next two set the judgment aside; the last opens a re-trial. As amended by Law No. 7571 of 24 December 2025, sub-paragraph (e) refers to article 289 as a whole.

The text does not say which facts fall under which sub-paragraph, and this note does not guess; the chamber assesses that in each file. Under CMK 280/3, if decisions given under the first or second paragraph are in favour of a defendant, and their effects can also apply to co-defendants who did not apply for istinaf, those co-defendants benefit from the decisions as if they had applied.

CMK 280/1(g) is the sub-paragraph that provides for a re-trial: the court takes the necessary measures, the case is re-tried and hearing-preparation steps begin. CMK 280/2 then speaks of the end of the hearing: at the end of the hearing, the regional court rejects the istinaf application on the merits, or revokes the first-instance judgment (kaldırarak) and gives a new judgment.

Preparation. Under CMK 281/1, at the hearing-preparation stage the president of the regional court's chamber, or a member the president designates, sets the hearing day in line with CMK 175 and makes the necessary summonses. Under CMK 281/2, the court decides to hear the witnesses and experts and to carry out an on-site inspection (keşif) where it finds them necessary.

The hearing itself. Under CMK 282/1, once the hearing opens, the provisions of the Code on hearing preparation, hearing and judgment apply, except for the following, which the text lists as exceptions:

• after the hearing starts under the general provisions, the examination report of the designated member is presented (anlatılır);
• the reasoned judgment of the first-instance court is presented;
• the records containing the statements of the witnesses heard at first instance, the on-site inspection records and the expert report are presented;
• the evidence and documents collected at the hearing-preparation stage, and, if they were carried out, the records and reports on the on-site inspection and the experts' explanations, are presented;
• the witnesses and experts whose hearing is found necessary at the regional hearing are summoned.

If the defendant does not come. Under CMK 282/1(f), if the defendant, defence counsel, intervening party and the intervening party's representative do not attend although the summons has been served, the hearing continues and the case may be concluded in their absence by presenting the defendant's interrogation records. However, without prejudice to CMK 195, if the penalty to be given to the defendant is heavier than the penalty given by the first-instance court, the defendant must in every case be heard. For a defendant outside Türkiye, this last sentence is the part of CMK 282 to ask the lawyer about: the text ties the duty to hear the defendant to a penalty heavier than the one given at first instance. How a first-instance hearing runs is described in the note on the first hearing in a Turkish criminal court.

No heavier penalty on an appeal in the defendant's favour. Under CMK 283/1, if istinaf has been used only in favour of the defendant, the judgment given again cannot be heavier than the penalty determined by the earlier judgment. Under CMK 265/1, second sentence, the same holds where the prosecutor applies in favour of the defendant: the judgment given again cannot contain a heavier penalty than the one set in the earlier judgment. Both provisions speak of the penalty (ceza), and this note does not extend them to other consequences of a judgment. CMK 283/1 is worded for an application made only in favour of the defendant; it is the provision to read together with CMK 282/1(f), which speaks of a penalty heavier than the one the first-instance court gave. Whether the prosecutor or an intervening party has also appealed is therefore a fact to establish before any decision to appeal is taken.

No resistance and no remedy against the regional court's decisions. Under CMK 284/1, decisions and judgments of the regional court cannot be resisted (direnilemez), and no remedy can be used against them. Under CMK 284/2, the provisions on objection (itiraz) and on temyiz are reserved. The provisions on temyiz start at CMK 286, and this note does not cover which judgments are open to it.

Special laws. Under CMK 285/1, apart from the fourth paragraph of article 18 of Law No. 6706 on International Judicial Cooperation in Criminal Matters, istinaf is the route against the decisions and judgments of first-instance courts in cases and matters within the remit of the regional courts for which other laws say that temyiz is available or that an application may be made to the higher court.

If a judgment has been served on you in Türkiye, a lawyer can read the reasoned judgment, check the dates of service and prepare the petition. The decision on the appeal remains with the court. The wider picture of the stage after the verdict is on the appeals in Türkiye page, and the interaction with a deferred announcement of the verdict is in the note on HAGB and appeal.