Appeal to the regional court of appeal (istinaf)

Legal meaning

The istinaf petition must clearly show the grounds of appeal, which part of the decision is unlawful and why, and the outcome requested. Except for cases contrary to public policy, the regional court of appeal, as a rule, limits its review to the grounds raised.

The istinaf review may be conducted on the file or, where necessary, with a hearing. The chamber may reject the application on procedural grounds, reject it on the merits, set the decision aside and render a new judgment, or, in the situations specified in the law, send the file to the court of first instance.

The explanations on time limits and review here concern civil proceedings under the Code of Civil Procedure (HMK). In criminal proceedings the Code of Criminal Procedure (CMK) applies; in administrative proceedings the Administrative Procedure Law (İYUK) applies. The application conditions, time limits and finality rules of these branches of jurisdiction should not be carried over to one another.

Under supplementary Article 1/2 of the HMK, as amended by Article 20 of Law No. 7550, the amount on the date the action was filed is taken as the basis in applying the monetary thresholds within the scope of HMK Articles 341, 362 and 369. For files predating the amendment, entry into force, completed procedural acts and HMK Article 448 must be assessed separately. It is not correct to apply to every file only the threshold for the year of the decision.

Key elements and practical criteria

• It is reviewed by the regional court of appeal.
• The grounds of appeal must be made concrete.
• The application period and the calculation of the monetary finality threshold are checked separately from each other.
• Not every interim decision can be appealed on its own.

Practical importance

Istinaf is not merely a retelling of the decision. A clear strategy for the application should be built by separating the evidence in the file, procedural errors, deficiencies in reasoning and incorrect application of the law.

Commonly confused concepts

• Istinaf may involve review of both facts and law; temyiz is essentially a review of law.
• Objection (itiraz) is a different and more limited route of recourse that the law provides for certain decisions.

Practical example

If it is argued that the court rendered its judgment without discussing an important piece of evidence, the place of the evidence in the file, its effect on the judgment and which procedural rule was violated should be made concrete as a ground of istinaf.

Frequently asked questions

When does the istinaf period begin?

In civil proceedings it begins, as a rule, with proper notification; the type of decision and special statutory provisions should also be examined separately.

Does an istinaf application automatically stay enforcement?

As a rule, not every application automatically has the effect of a stay; the nature of the decision and special provisions should be assessed.