The questions below offer a general framework on the rights of a suspect, police custody, pretrial detention and judicial control, criminal complaints, istinaf appeals and appeals to the Court of Cassation. In a specific case, the time limits, the documents and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
Can an istinaf appeal be filed against an acquittal decision of a criminal court?
If the legal remedy is open and the applicant has the statutory standing, an istinaf appeal (appeal to the regional court of appeal) may be filed against an acquittal decision.
The pronouncement or notification of the decision, the type of judgment, whether the legal remedy is open and the person who holds the right to apply must be determined. The reasons why the reasoning is considered unlawful with regard to the evidence and the elements of the offense should be made concrete.
Can the istinaf court conclude the case without holding a hearing?
Within the framework of the conditions in the Code of Criminal Procedure, an examination may be made on the file; in some cases a hearing must be held.
The istinaf grounds, any incomplete examination of evidence, the failure to take the defense statement and the type of unlawfulness should be discussed. It cannot be assumed that a new hearing will be held in every file.
Is it sufficient to write only that the decision is erroneous in an appeal petition to the Court of Cassation?
No; it is important that the grounds of appeal be set out in a form suitable for legal review.
A procedural violation, incorrect characterization or lack of reasoning put forward as a ground for reversal should be linked to the relevant parts of the decision. The decisions subject to appeal to the Court of Cassation and the time limits are determined according to the provisions of the Code of Criminal Procedure in force.
What can be done if new evidence emerges after a criminal decision has become final?
If the conditions are met, extraordinary legal remedies such as retrial (yargılamanın yenilenmesi) may be considered.
The grounds under Article 311 of the Code of Criminal Procedure and the following articles, the effect of the new fact on the outcome of the judgment, and why it could not be assessed earlier must be explained. Merely asking for the earlier evidence to be discussed again may not be sufficient on its own.