Objection, Appeal and Cassation Applications
- Objection to decisions of judgeships and courts
- Objection to a decision not to prosecute
- Objection to decisions on pretrial detention, judicial control, search, seizure and access
- Appeal against decisions of criminal courts of first instance
- Review of regional court of appeal decisions with or without a hearing
- Taking decisions subject to cassation to the Court of Cassation (Yargıtay)
- A statement against the opinion of the Chief Public Prosecutor’s Office at the Court of Cassation
- A review with a hearing at the Court of Cassation where the conditions are met
- Criminal cases that the Court of Cassation hears as a court of first instance in cases provided by law
- The effects of taking a judgment to a legal remedy only with respect to certain defendants, offenses or legal consequences
The type of legal remedy, the right to apply, the start of the time limit and the scope of review vary according to the nature of the decision. Before acting on the heading of the decision or the standard legal remedy notice, the judgment and the notification must be examined together.
Extraordinary Legal Remedies, the Constitutional Court and the ECtHR
- Objection by the Chief Public Prosecutor of the Court of Cassation
- Objection by the chief public prosecutor’s office of the regional court of appeal
- A request for quashing in the interest of the law
- Retrial
- Adaptation in a final judgment and assessing a new law affecting enforcement
- Individual application to the Constitutional Court
- Individual applications with a request for an interim measure
- Application to the European Court of Human Rights
- Retrial after a violation judgment and implementation of the judgment
Extraordinary legal remedies do not replace ordinary appeal or cassation. Whether an application can be made must be examined on the basis of finality, the right to apply, the time limit, whether the violation was raised at earlier stages and the exhaustion of effective remedies.
Compensation and Rights Violation Applications Arising from Protective Measures
- Allegations of arrest or pretrial detention without the statutory conditions
- Detention in custody or pretrial detention extending beyond the period allowed by law
- The conditions for compensation after an acquittal or a decision not to prosecute
- Damage arising from searches, seizures or other protective measures
- Allegations concerning trial within a reasonable time, the reasoned decision, the right of defense and access to a court
- Documenting pecuniary and non-pecuniary damage
- Separating criminal procedure compensation from general compensation and individual application routes
Not every acquittal or decision not to prosecute automatically gives rise to a right to compensation. The legal basis of the application, the time limit, the competent authority and the heads of damage must be determined on the specific case.
How Is the Legal Remedy Time Limit Determined?
The name and date of the decision, the right to apply and the record of notification or of learning of it are examined together. The general objection period under Article 268 of the Code of Criminal Procedure (CMK) is two weeks from learning of the decision; special provisions are reserved. For decisions rendered on or after June 1, 2024, the appeal and cassation period under CMK Articles 273 and 291 is two weeks from the notification of the reasoned decision. For older decisions, the transitional provisions apply separately.
The limits of extraordinary remedies
An objection by the Chief Public Prosecutor’s Office at the Court of Cassation, an objection by the chief public prosecutor’s office of the regional court of appeal, quashing in the interest of the law and retrial are different routes. With respect to CMK Article 308, the transitional provision of Law No. 7589 tied to the date the file was delivered is also checked. Requesting these routes does not automatically preserve the ordinary application period.
The right authority for compensation
In a compensation claim arising from protective measures, the reasoning, the decision and the finality records are examined. Depending on the scope of the claim, an application to the Compensation Commission or to the competent judicial authority is assessed; it is not assumed that every claim is directed to the same court.
Preparing for the Consultation and Next Step
Prepare the file number, the existing decision or summons, and the date of the approaching procedure. Note any missing documents; do not hold back a time-limited procedure while they are completed. After the review, the appropriate request, any additional documents needed and the scope of services to be undertaken are explained.