Appeals of Court of Appeals Decisions

1. Introduction

In criminal proceedings , the appellate court is the second-instance court that reviews the decisions of the first-instance courts. However, the decisions of the appellate court are not final; some appellate court decisions are subject to appeal to the Supreme Court of Appeals . The appeal process refers to the possibility of applying to the Court of Cassation , which is the highest supervisory body in criminal proceedings

This article will examine in detail the conditions under which appellate court decisions can be appealed, which decisions are not subject to appeal, the procedures and time limits, and the Supreme Court's jurisdiction to review such cases.

2. Legal Framework

2.1. CMK Article 286

Appeals against judgments rendered by the criminal chambers of regional courts of appeal are regulated in Article 286 of the Code of Criminal Procedure. Accordingly:

of five years or more in prison are subject to appeal.
In some types of crimes, even if the penalty is low, the right to appeal is available.
Decisions that are explicitly prohibited from appeal under the law cannot be appealed.

2.2. CMK Articles 288–289

Grounds for appeal: The decision is contrary to law.
The Court of Cassation conducts a review both procedurally and substantively.
The grounds for appeal must be stated in the appeal petition.

3. Appealable Court Decisions

3.1. According to the Amount of Prison Sentence

prison sentences of five years or more are subject to appeal.
This rule applies to both conviction and acquittal decisions.

3.2. Exceptions Based on Type of Crime

The legislator has left the right to appeal open for certain crimes, regardless of the severity of the punishment:

Crimes against the constitutional order,
Crimes against state security,
Crimes against sexual inviolability.

3.3. Depending on the Parties' Circumstances

The defendant, their lawyer, the public prosecutor, and the plaintiff may appeal.
However, the prohibition against reversal to the detriment of the defendant applies only if the defendant has filed an appeal .

4. Appeals Court Decisions Not Subject to Appeal

4.1. Minimum Sentence Limit

Court of Appeals decisions regarding prison sentences of less than five years are not subject to appeal

4.2. Judicial Fines

Decisions that only impose a fine cannot be appealed.

4.3. Accuracy Requirement

Even decisions deemed "final" by law are not subject to appeal.

5. Appeal Period and Procedure

5.1. Duration

The appeal period is 15 days.
If no appeal is filed within this period, the decision becomes final.

5.2. Application Location

The appeal petition to the Regional Court of Appeals that rendered the judgment .
BAM reviews the petition and sends it to the Court of Cassation.

5.3. What Should Be Included in the Petition

The explicit statement of the appeal request,
In what ways is the decision unlawful?
The nature of the application made for or against the defendant.

6. Court of Cassation Review

6.1. Scope of Review

The Supreme Court reviews legal irregularities in terms of both procedure and substance
The decision is overturned if there are clear errors in the evaluation of the evidence.

6.2. Types of Decisions of the Supreme Court of Appeals

Approval: Finds the decision to be in accordance with the law.
Annulment: Finds the decision to be unlawful and overturns it.
Approval with corrections: Minor procedural errors are corrected.
Partial approval, partial rejection: Some parts of the file are corrupted.

7. Prohibition of Annulment to the Detriment of the Defendant and Appeal

The prohibition against reversal to the detriment of the defendant, as per Article 307/4 of the Code of Criminal Procedure, also applies in appeals.

If only the defendant has appealed, the Court of Cassation's decision cannot worsen the defendant's situation.
If the prosecutor also applies, the protection of the ban is lifted.

8. Problems Encountered in Practice

8.1. Discussions on the Limit of Certainty

There have been criticisms that the five-year limit is unfair and that it closes the avenue of appeal in some cases.

8.2. The Workload of the Supreme Court of Appeals

The aim of limiting the number of decisions subject to appeal is to reduce the workload of the Supreme Court. However, the fact that some cases remain outside of its review is criticized.

8.3. Right to Defense

In cases closed to appeal, it is alleged that the defendant's right to defense is restricted and their right to a fair trial is violated.

9. Supreme Court Case Law

The Criminal General Assembly of the Supreme Court of Appeals strictly applies the criteria of appealability in many of its decisions.
The Court of Cassation usually rejects appeals, especially if the sentence is less than five years.
However, in "special crimes where the right to appeal is granted," the investigation is conducted regardless of the amount of the sentence.

10. Conclusion

Appeals against decisions of the appellate court refer to the review by the Court of Cassation, which is the highest judicial review in criminal proceedings

sentences of five years or more, as well as certain specific offenses, are subject to appeal.
Lower sentences and fines are not subject to appeal.
The appeal period is 15 days.
The Supreme Court can review legal irregularities and issue decisions of affirmation, reversal, or correction.

This system aims to balance both the speed of the trial and the achievement of justice. However, the loss of rights that arise in practice due to the "limit of certainty" continues to be debated in doctrine and practice.

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