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Journal

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Practice area

Appeals: istinaf and temyiz

RetrialHow a final criminal judgment in Türkiye can be reopened by retrial (yargılamanın yenilenmesi) under CMK 311-323: the six grounds in favour of the convicted person including a violation found by the European Court of Human Rights, the three grounds against the defendant, the requests the Code does not accept, who may file and what the request must contain, the court that examines it and the two stages of that examination, the effect on execution of the sentence, the bar on a heavier penalty, compensation after an acquittal on retrial, and the retrial after a Constitutional Court violation judgment under Law No. 6216, article 50The temyiz appealHow temyiz, the appeal on points of law, runs in a Turkish criminal case under CMK 286-307: which regional court decisions are open to it, the grounds and the definite breaches of law, the two-week period from service of the reasoned judgment, rejection by the lower court, the written opinion of the Chief Public Prosecutor's Office and the reply, the hearing, the decisions of the Court of Cassation, the rule against a heavier penalty, and resistance after a reversalThe istinaf appealHow an istinaf appeal runs in a Turkish criminal case under CMK 272-285: who can file, the effect of filing on finality, rejection by the first court, the other side's reply, the regional court's decisions, the appeal hearing, the limit on a heavier penalty where istinaf is used only in the defendant's favour, and where the route endsJoining a case as the victimHow a victim of an offence in Türkiye joins the public case as an intervening party under CMK 237-243: who may join and until when, the bar-appointed lawyer, rights in the courtroom and the independent right of appealChallenging the judgeWhen a judge is barred by law, recusal for doubts about impartiality, who may ask, the deadlines, the procedure, who decides, and the remediesTypes of verdictThe six decisions that count as a judgment, the grounds of acquittal and 'no penalty', dismissal and discontinuance, what you are told when the verdict is read, and HAGBSimplified trial procedureWritten defence in two weeks, judgment without a hearing, the quarter reduction and the objectionDeferred verdict and HAGBDeferral of the verdict: conditions, five years, appeal routeReasoned judgment and the clockService of the reasoned judgment starts the two-week appeal periodConvicted in your absenceAbsentia conviction: restoration of time plus istinaf, filed together
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