Appeal to the Court of Cassation (temyiz)

Legal meaning

A temyiz review is not, as a rule, a new trial of the facts. The Court of Cassation examines whether the rules of substantive and procedural law have been applied correctly, whether the judgment contains sufficient reasoning, and the grounds for reversal. The temyiz petition must set out the error of law and its effect on the judgment.

The Court of Cassation may affirm the decision, affirm it with a correction, or reverse it. After a reversal, the court’s compliance or, in cases the law permits, the process of insistence on its earlier decision (direnme) may come up. Not every decision of a regional court of appeal is open to temyiz.

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 Court of Cassation.
• It is essentially a route of legal review.
• Whether a decision is open to temyiz depends on the type of decision and the thresholds.
• Grounds for reversal must be concrete and connected with the judgment.

Practical importance

In temyiz, instead of retelling the file from the beginning, it should be clearly set out which rule of law the judgment violates and why, the effect of this violation on the outcome, and the request for reversal.

Commonly confused concepts

• Istinaf may also cover the assessment of facts and evidence; temyiz mainly conducts a review of law.
• Requests for correction of the decision or extraordinary legal remedies are subject to conditions and functions different from temyiz.

Practical example

If the regional court of appeal failed to apply a mandatory provision of law or failed to explain its decision with verifiable reasoning, this may be made a ground of temyiz by showing its effect on the judgment.

Frequently asked questions

Can every istinaf decision be appealed to the Court of Cassation?

No. Decisions the law states to be final, and disputes that do not exceed the monetary finality threshold, may be closed to temyiz.

Can new evidence be submitted in temyiz?

Temyiz is not a new trial on evidence; apart from very limited exceptions, the review is conducted on the existing file.