How to File an Appeal in Criminal Proceedings?

1. Introduction: Why File an Appeal?

An appeal is a legal remedy in criminal proceedings that allows for a review of judgments rendered by a first-instance court . In the Turkish Criminal Procedure system, thanks to the regional courts of appeal (BAM) that came into effect on July 20, 2016 , citizens have gained the right to a second review not only on legal grounds but also in terms of evidence and facts

The aim is to quickly correct erroneous decisions before they reach the Supreme Court, ensuring justice is served more swiftly. Therefore, the question of "how to file an appeal?" is extremely important for defendants, victims, and lawyers alike.

2. Basis of the Application

Articles 272–285 of the Code ofCriminal Procedure: Provisions on Appeals
Article 36 of the Constitution: Freedom to seek justice.
Article 6 of the European Convention on Human Rights: Right to a fair trial.
ECHR rulings: The right to a "two-tiered judicial process"

Article 273 of the Criminal Procedure Code – (1) The request for appeal is made by submitting a petition to the court that rendered the judgment or by making a statement to the court clerk within two weeks from the date on which the judgment is served together with its reasoning; the statement is recorded in the minutes and the minutes are approved by the judge. The provisions of Article 263 are reserved for the detained defendant. [107]

(2) (Repealed: 2/3/2024-7499/18 art.)

(3) (Amended: 18/6/2014-6545/75 art.) Public prosecutors in the High Criminal Courts may appeal against the judgments of the courts of first instance within the jurisdiction of their courts within two weeks from the date the decision arrives at the local Public Prosecutor's Office.107

(4) The failure to state the reasons for the application in the petition or statement of the defendant and those who have acquired the status of participant according to this Law, as well as those whose request for participation has not been decided, has been rejected, or who have suffered harm from the crime in a way that would allow them to acquire the status of participant, does not prevent the examination from being carried out.

(5) The public prosecutor clearly states the reasons for appealing in his written request. This request is notified to the relevant parties. The relevant parties may submit their answers on this matter within two weeks from the date of notification.107

3. Conditions for Filing an Appeal

3.1. Which Decisions Can Be Appealed?

Appeals can be filed against judgments rendered by first instance criminal courts . These include:

Conviction
Acquittal
Dismissal of the case
Decision to drop
Decision that there is no basis for imposing a penalty
Ordering a security measure

3.2. Decisions Not Subject to Appeal

HAGB (Suspension of the Announcement of the Verdict): Subject to appeal.
Decisions of the Magistrates' Court: Only appeals are possible.
Interim decisions: As a rule, they are not subject to appeal.

4. Who can file an appeal?

Accused
Defendant's lawyer
The plaintiff (complainant) and their attorney
Public prosecutor
Third parties whose interests are affected (e.g., in the event of the defendant's death, their heirs for the financial consequences)

5. Time Limit: How Many Days Do I Have to File an Appeal?

Duration: 7 days (CMK Article 273).
Beginning:
- In judgments given in person → date of pronouncement (explanation).
- In judgments rendered in absentia → date of notification.
Characteristic: It is a statute of limitations.
Restoration to the original state: Possible if there is a flawless excuse.

6. Place of Appeal: Where to File an Appeal?

The application is not made directly to the Regional Court, but to the clerk's office of the court that rendered the judgment . The court receives the petition and sends it, along with the file, to the relevant Criminal Division of the Regional Court of Appeals .

7. Application Method: How to Apply?

7.1. Two Methods

By petition: A written application is made to the court.
Verbal statement: The statement is recorded in the minutes by the court clerk and signed.

7.2. Content of the Petition

An appeal petition must include the following elements:

The court that issued the judgment, the date and number of the decision
Applicant's identity and title
Grounds for appeal (procedural and substantive)
Requests for evidence and a hearing
Conclusion and request section

7.3. Justification

While it is not mandatory to write a reasoned opinion in an appeal, applications without reasoned opinions have a low chance of success. This is because the Regional Court of Appeals, when reviewing the facts and the law, looks for concrete evidence.

8. Appeal Application Strategy

8.1. Procedural Reasons

Restriction of the right to defense
Absence of mandatory legal counsel
Use of illegally obtained evidence
Decision made without justification

8.2. Substantive Reasons

Misinterpretation of evidence
Violation of the principle that the defendant benefits from the doubt
Incorrect determination of the nature of the crime
Errors in individualizing punishment

8.3. Requests for Evidence and Hearing

Hearing new witnesses
Obtaining an expert report
Completion of the incomplete investigation

9. Effects of Appeal

Execution: There can be no execution before the decision is finalized.
Detention: The Regional Court of Appeals may issue a release order.
Judicial control: Can be lifted or modified.
Prohibition against adverse modification: The sentence cannot be increased only if the application is made in favor of the defendant.

10. BAM Review and Decision Types

The Regional Court of Justice may issue the following decisions:

Application rejected (due to lack of time limit or eligibility)
Rejection on the merits (affirmation)
Approval with corrections
Annulment of the verdict and re-issuance of the verdict
Referral of the case to the first instance court

11. The Relationship Between Appeal and Cassation

Sentences of 5 years or more: BAM (Regional Administrative Court) decisions are subject to appeal.
Acquittal decisions: As a rule, they are subject to appeal.
Regarding minimum sentences: The BAM (Regional Administrative Court) decision may be final.

12. Frequently Asked Questions in Practice

Question 1: Is it enough to just write "I am appealing"?
Answer: Yes, the time limit applies; however, the chances of success decrease if detailed reasons are not provided.

Question 2: Will my sentence increase after my appeal?
Answer: It will not increase if the appeal is only in favor of the defendant. However, there is a risk if the prosecutor or the plaintiff appeals against the defendant.

Question 3: How long does it take for an appeal to be decided?
Answer: It varies depending on the volume of the case. Generally, it can take anywhere from a few months to a year.

13. Sample Appeal Petition Framework

TO THE REGIONAL COURT OF JUSTICE
… CRIMINAL DIVISION
(To be forwarded to … Primary Criminal Court)

CASE NO: …/… E. – …/… K.
APPLICANT: (Defendant/Participant) Name Surname
REPRESENTATIVE: Attorney …
RESPONDENT: Public Prosecutor's Office / Defendant / Participant

SUBJECT: Our appeal against the judgment dated … and numbered …

I. EVENT

Brief summary of the events.

II. GROUNDS FOR APPEAL

Procedural irregularities
Substantive irregularities
Evidence and hearing requests

III. CONCLUSION AND REQUEST

Reversal of sentence and acquittal
Otherwise, the sentence will be reduced
Release / judicial control
Shifting the costs to the other party

Date – Signature

14. Conclusion

In criminal proceedings, appealing is a vital legal avenue. The 7-day deadline must be observed, the grounds for appeal must be clearly stated, and the request for a hearing at the Regional Court of Appeals should be used strategically. A successful appeal often plays a key role.

Ada Ceren KENDİGELEN

Appeal in criminal procedure, legal remedies in criminal proceedings, how to file an appeal, sample appeal petition, difference between appeal and cassation.

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