My trial is over, has the process ended?

All the judicial activities are the result of complicated processes which need great attention. The legal system being aware of the fact that mistakes may be done in this complicated process, a judicial control system has been established in order to check the consistency of the decisions with the Law by higher courts. Appeal may be made to the Court of First Instance or higher Courts depending on the nature of the decisions rendered by the Court. The judicial process is completed with verdict.

What is final decision?

A decision becomes final after exhaustion of all judicial remedies. The right to appeal is not recognized for very simple matters. This is an exemption to the general rule. As a general rule, all decisions are subject to appeal. If the right to appeal is not used within the certain time limit or appeal application has been rejected, decision becomes verdict.

What is verdict?

The judgments of the Courts are submitted to the related parties. All the judgment includes stamp and signature. This decision is called verdict. In the final part of the verdict, some information regarding remedies, appeal procedures are pointed. A decision becomes a verdict after exhaustion of all remedies or if the parties are disclaimed the right to appeal.

How to make a decision final?

In order to make an appeal application, in civil courts jurisdiction notification is needed. After the case settled a payment for decision is made. Then the time limit for appeal is started after. On the other hand, in labour and criminal courts the partıes shall be notıfıed by the Court
There is no need to take an extra action

How do you understand a decision is final or not

You can ask to the clerks offıce In Decısıons whıch are subject to appeal after the tıme for appeal has passed ıf ıt has not made an appeal applıcatıon or appeal applıcatıon has been rejected clerks offıce wıll wrıte an explanatıon to the judgment. Thıs explanatıon ıs certıfıcate showing that the decısıon has fınalızed

What is appeal?
Appeal means the judicial control of the decision rendered by the Court of First Instance once agaın by a higher court. In civil jurisdiction the higher court is Court of Cassation in administrative jurisdiction it is Council of State

How to run for appeal?

A petition shall be submitted to the Court within certain time limit mentioned by the Law
How do you write an appeal petition
The pettıtıon has to include the phrase this application is made to appeal. the reason why you take an action against decision must be shown in petition. The petitions muct include one more copy from the number of parties

Procedure in Appeal Stage

The aim of the appeal is to control is there any infringement of the Law in any of the judicial process.

Appeal Period

The appeal period may change depending the Courts. The period is 7 days (beginning from notification) in criminal courts.
In general civil courts, it is 15 days
In magistrate courts it is 8 days
In labour courts, it is 8 days. In administrative courts it is 30 days.
As seen above the appeal period may change depending to how the decision was taken( at the presence of the parties or notification is used). If the decision is taken on the absence of the party who has right to appeal the period starts with notofocation. If petition has not submitted within time certain time limit this means you relinquished to use your right to appeal.

What happens after appeal?

If Court of Cassation/ Court of State does not find any violation of substantive or procedural rules( if the decision has been found in conformity to the law,there will be no reason for its reversal. The decision becomes finalized and it will decided to dismiss the appeal and to sustain the decision.On the other hand if it is stated that there is no inconformity to the provisions of the domestic law the file sent back to the Court for instance once again.

Would my penalty get heavier if I run for appeal?

No, this belief has no legal grounds.Court of Cassation is not entitled to impose heavier penalties against of the party who used his right to appeal. If the appeal has made by party and higher court decided that it is in conformity to the Law, the court of first instance should not impose any heavier penalty. However, if the appeal has been made by the public prosecutor, or victim an heavier penalty may be possible.
Does appeal happens automatically? No. To appeal a case a request is needed. There is an exemption to the general rule. If the penalty is 15 years or over, the decision is automatically subject to appeal. Except this the appeal must be requested any of the parties or in criminal juristiction by prosecutor..If the appeal has not made to the Court within certain time limit determined by the Law, the right to appeal has exhausted. Public Procecutor may appeal the case in favour of or against of the suspect.

I did not appeal the case. The other person has appealed it. What will the results of his appeal for me?

If the decision of the Higher Court is ruled in favour of the suspects and if it is possible to apply it for you, you can benefit from his application such as you made an application. If there is no possibility to apply for you, the decision becomes final for you.

What is the deadline keeper motion

It is the name of the petition submitted to the Court after adjudication within 7 days. This petition cuts the time limit for appeal. This petition includes your will to appeal and you need an extra time to make your legal reasoning. You should write the phrase I want to make an appeal clearly. The same procedures are applied in labour courts. Except that this procedure is not applicable for civil courts,

Trial

As a rule in appeal stage, the trial is not generally used.On some occasions it may used depending upon the request made by parties or automatically decided by the Higher Court. In criminal cases only suspect or his lawyer may attend the trial. The suspect under custody has no right to presence in trial. You have to request trial in your appeal petition

Interim appeal process is not in force in Turkish legal system as of now. For more information on this legal process click here