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After the verdict · CMK 272-291

Two weeks, and they start later than you think.

Almost everyone assumes the appeal clock starts when the verdict is announced. It does not. It starts when the reasoned judgment is served, and it runs for two weeks. That is the single most useful thing to know at the moment of a conviction, and it is also the thing that most often reaches people after it has expired.

Notice — read before you speak

If you are being questioned at this moment

  1. Remain silentYou are not obliged to answer the questions put to you. Silence is not an admission and may not be recorded as one.Say this in TurkishKonuşmak istemiyorum.
  2. Demand counselSay it clearly and repeat it. Ask for an interpreter in the same sentence — you are entitled to one.Say this in TurkishAvukat ve tercüman istiyorum.
  3. Sign nothingA record written in Turkish that you could not read still binds you.Say this in TurkishAnlamadığım belgeyi imzalamayacağım.
  4. Get word outSomeone outside must know where you are and which authority is holding you. Your consulate may be notified.Say this in TurkishAilemi aramak istiyorum.
Form A — police pocket cardTürkçe / English

“Avukatım gelmeden ifade vermeyeceğim ve hiçbir evrak imzalamayacağım.”

I will not give a statement and will not sign any document until my defence lawyer arrives.

CMK m. 147/1-e — susma hakkı · CMK m. 154 — müdafi ile görüşme hakkı

Open the full deck
for the officer
Section 01

When the clock starts, and how long it runs

Under CMK 273, an application for istinaf — appeal to the regional court of appeal — is made within two weeks of the date on which the judgment together with its reasoning was served, by lodging a petition with the court that gave the judgment or by making a declaration to the clerk, which is recorded and confirmed by the judge.

Under CMK 291, an application for temyiz — appeal on points of law to the Court of Cassation — runs on the same basis: two weeks from service of the judgment with its reasoning.

This is a recent position, and older advice is wrong. The second paragraphs of both articles were repealed in March 2024. What governs now is service of the reasoned judgment, not the pronouncement of the verdict in the courtroom. The practical consequence is that there is usually a gap — sometimes a long one — between hearing the outcome and the clock starting. That gap is working time, not waiting time.

For a detained defendant, CMK 263 is reserved in both articles, which provides its own route for making the declaration from the institution.

Section 02

Not every judgment can be appealed

CMK 272 sets the outer boundaries. Judgments of the first instance courts may be appealed. But istinaf is not available against:

  • Convictions to a judicial fine where the final figure is fifteen thousand Turkish Lira or less — excluding judicial fines converted from imprisonment.
  • Acquittals in respect of offences carrying a judicial fine whose upper limit does not exceed five hundred days.
  • Judgments stated in legislation to be final.

Judgments falling into these categories do not form a basis for recidivism.

Long sentences are reviewed whether you appeal or not

CMK 272/1: judgments imposing fifteen years' imprisonment or more are examined by the regional court of appeal of its own motion. That is a safeguard, not a substitute for an appeal — the scope of an examination initiated by the court is not the same as the scope of the grounds you would advance yourself.

CMK 272/2: decisions given before the judgment that form the basis of it, or for which no other route of appeal is provided, may also be challenged together with the judgment. Interlocutory rulings that felt unappealable at the time therefore come back into play here.

Section 03

If the appeal is rejected without being looked at

Under CMK 276, the court that gave the judgment rejects the petition by a decision where the application was made after the statutory period, against a judgment that cannot be appealed, or by a person who has no right to appeal.

That is not the end. The prosecutor or the parties may apply to the regional court of appeal within two weeks of service of the rejection decision. A rejection on timing grounds is itself contestable, and where the timing turns on when service actually occurred, it is frequently worth contesting.

Section 04

Tried in your absence

This is the provision that matters most to people who left Türkiye and learned about a judgment afterwards.

CMK 274: a defendant may apply for restoration of rights against judgments given against them in their absence. The appeal period continues to run during the period for restoration — and where the defendant applies for restoration, they must also lodge an appeal. Matters connected with the appeal are then postponed until the restoration application has been decided.

Two applications, not one. The most common and most costly error here is to apply for restoration and assume it protects the appeal. It does not. The appeal period keeps running, and the appeal has to be lodged as well. Both, and within the period.
Section 05

Deferral of announcement of the verdict

Under CMK 231/5, where the sentence imposed is two years' imprisonment or less, or a judicial fine, a court may defer the announcement of the judgment. CMK 231/6 adds three conditions: the defendant has no previous conviction for an intentional offence, the court is satisfied he will not offend again, and the damage caused to the victim or to the public has been made good in full. Where deferral is granted, the defendant is subject to a supervision period of five years. During that period, a further deferral cannot be granted in respect of an intentional offence. A sentence in respect of which announcement has been deferred cannot be suspended, and where it is a short-term sentence it cannot be converted into alternative sanctions.

For a foreign national this needs thinking about rather than accepting gratefully. A five-year supervision period is a five-year relationship with the Turkish justice system, and what it means for residence, for leaving the country and for the immigration assessment that follows a criminal file is a separate question from whether it looks better than a conviction on the day.

The provision was amended in July 2026 and the position stated here reflects the amended text.

Section 06

What an appeal is actually built from

  • The reasoned judgment itself. It is the document the appeal answers, which is why the clock sensibly runs from its service and why reading it properly is the first task rather than a formality.
  • Interlocutory rulings that shaped the trial — refused evidence, refused witnesses, refused expert reports — now appealable with the judgment under CMK 272/2.
  • Characterisation. Whether the conduct proved supports the article convicted under, or a different and lesser one.
  • The sentence calculation, including whether each increase and reduction was applied on the correct base and in the correct order.
  • Procedural defects: the lawfulness of searches and seizures, the taking of statements, the availability of counsel and of an interpreter.
Section 07

Questions we are asked most

The judge announced the verdict weeks ago. Have I lost my appeal?
Probably not. The two-week period runs from service of the judgment together with its reasoning, not from the announcement in court. Establishing whether and when service occurred is the first thing to check.
I was convicted and I was not in the country.
Then CMK 274 applies. You may seek restoration of rights — but the appeal period keeps running and you must lodge the appeal as well. Doing only one of the two is the usual way this goes wrong.
The sentence was fifteen years. Do I still need to appeal?
Judgments of fifteen years or more are examined by the regional court of appeal of its own motion, but that is not the same as advancing your own grounds. An appeal is still made.
Can I appeal a small fine?
Not where the final judicial fine is fifteen thousand Turkish Lira or less, unless it was converted from imprisonment. Those judgments also do not form a basis for recidivism.
My lawyer says the court deferred announcement of the verdict. Is that good news?
It avoids an immediate conviction being announced, but it brings a five-year supervision period, the sentence cannot be suspended or converted, and the immigration consequences need to be considered separately. It is a decision, not a gift.
Sources

Legislation this page relies on

  • CMK 272 · 273 · 274 · 276 (Law no. 5271) — Which judgments may be appealed and the monetary and acquittal thresholds that exclude istinaf; automatic examination of sentences of fifteen years or more; challenge of interlocutory rulings together with the judgment; the two-week period running from service of the judgment with its reasoning; restoration of rights where the defendant was tried in absence and the requirement to lodge an appeal as well; and rejection by the court of first instance with a further two weeks to apply to the regional court of appeal.
  • CMK 291 — The two-week period for an application for temyiz, running from service of the judgment together with its reasoning.
  • CMK 231 — Deferral of announcement of the judgment: the five-year supervision period, the bar on a further deferral for an intentional offence during it, and the rule that the sentence cannot be suspended or converted into alternative sanctions.

Read against the consolidated text published by mevzuat.gov.tr on 29 August 2026. Turkish legislation is amended frequently and monetary penalties are revalued; where a figure decides something for you, it should be read from the decision served on you rather than from this page.

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