Application for Extension of Time Limit

In our current legal system, practices do not always mirror theory to the same degree, and certain differences arise in this regard as well. In our practice, first-instance courts first announce the outcome of the case, and then notify the parties of the lengthy reasoning behind their decisions at a later date.

We have already mentioned the general time limits for announcing decisions in appeals to higher courts. If the reasoned judgment is not immediately disclosed to the parties by the first-instance courts, and the parties are therefore unable to immediately access the reasoned judgment and find grounds for appeal, the Regional Courts of Appeal, acting as appellate courts, reject the appeals, stating that the parties have not submitted a timely appeal request and have not filed their appeal on time. This situation, unfortunately, can lead to serious injustices.

This situation led to an individual application to the Constitutional Court concerning the "obstruction of the right of access to court as a result of the rejection of the petition for extension of time due to the expiration of the time limit": In its decision dated September 14, 2022, and numbered 2019/12803, published in the Official Gazette on October 25, 2022, the Constitutional Court stated that a balance must be maintained between legal certainty and the right of access to court in interpreting laws related to time limits, drawing attention to the principle of proportionality. It underlined that if the judgment does not contain the elements listed in Article 297 of the Code of Civil Procedure, it is not considered to have been validly pronounced, and added that the time limit for appealing to a higher court does not begin until the reasoned judgment is served on the parties. Consequently, it was concluded that the commencement of the time limit from the pronouncement of the summary judgment without knowledge of the reasoned judgment constitutes a significant difficulty for the parties.

The Constitutional Court, noting the reasons we have stated and adding that it has disproportionately hampered the right to access the court, has ruled that the applicants' right of access to a court, within the scope of the right to a fair trial under Article 36 of our Constitution, has been violated.

We will see how much this decision will change a long-standing practice.

 

SAMPLE APPLICATION FORM

              TO THE RELEVANT CRIMINAL DIVISION OF THE BURSA REGIONAL COURT OF APPEALS

                                                    To be sent

                         TO THE ÇANAKKALE ( ) PRIMARY CRIMINAL COURT

FILE: 20../….

DEFENDANT: Name Surname / TR ID Number / Address

ATTORNEY: LAWYER. Name Surname/ Address / Telephone

SUBJECT: Petition for extension of time limit for filing an appeal

EXPLANATION

We believe that the conviction handed down against our client at the last hearing recorded in the aforementioned case before your esteemed court was insufficiently examined and is therefore contrary to procedure and law. For this reason, we are appealing the decision.

We request that our petition for extension of time be accepted, so that we can submit to you, along with detailed grounds and reasons for appeal, after the reasoned judgment has been served upon us.

CONCLUSION AND REQUEST

For the reasons explained above, we hereby inform you that we will appeal the decision rendered against our client, and in order to preserve our appeal period, we respectfully request that this petition for extension of time be accepted and that the adverse decision against our client be overturned.

Defender

Attorney … …

(PREPARED BY: Student Segâh GÜLPEKMEZ)