What is an appeal?

1. Introduction: The Place of Appeals in the Justice System

Appeal is the highest supervisory mechanism in civil and criminal proceedings . It refers to the review by the Court of Cassation of decisions rendered after the first two stages of the trial (first instance court → appellate court) to determine their legality . Appeal is a critical safeguard for ensuring justice, correcting erroneous decisions, and maintaining legal consistency.

The Turkish judicial system has three tiers:

Courts of first instance (Criminal Courts, High Criminal Courts, Civil Courts, Commercial Courts, etc.),
Regional Courts of Appeal (Appellate Courts),
Supreme Court (Appeals).

In this system, appeal is the "last resort.".

2. Definition and Legal Basis of Appeal

2.1. Definition

An appeal is the review of a court decision by a higher court, the Court of Cassation, solely on grounds of its legality. The Court of Cassation does not delve into the merits of the case or evaluate new evidence. Its role is to oversee whether lower courts have acted in accordance with procedural and legal rules .

2.2. Legal Basis

Code of Criminal Procedure (CMK) Articles 286-307: Provisions on appeals in criminal proceedings.
Code of Civil Procedure (HMK) Articles 361-373: Provisions regarding appeals in civil cases.
Articles 36 and 141 of the Constitution: The right to a fair trial and the right to review of judgments.

3. The Purpose of the Appeal

Correction of erroneous decisions: Procedural or legal errors can occur during the judicial process.
Ensuring nationwide uniformity of law: The Supreme Court's precedents eliminate discrepancies in application of law between different courts.
The right to a fair trial is a crucial guarantee of human rights and justice.
Maintaining public trust: Citizens have confidence in justice knowing that erroneous decisions will be reviewed at the highest level.

4. Differences Between Appeal and Cassation

Appeals Court: Conducts both factual and legal review; that is, it re-evaluates the evidence and may hold a hearing.
Appeal: It only conducts a legal review; it does not touch upon the facts, but examines them in terms of procedural and legal compliance.
Court of Appeal: Regional Courts of Justice.
Appellate Authority: Court of Cassation.

5. Which Decisions Can Be Appealed?

5.1. From the Perspective of Criminal Procedure

Decisions of the Regional Court of Appeals' criminal chambers, other than those involving reversal , are generally subject to appeal (Code of Criminal Procedure, Article 286).
However, some decisions listed in Article 286/2 of the Code of Criminal Procedure are not subject to appeal (for example, rejection on the merits in cases of imprisonment of 5 years or less).
With the amendments of 2019 and 2022, the right to appeal has been opened even for some crimes where the penalty is low (defamation, insulting the president, organizational and terrorist propaganda, etc.).

5.2. From the Perspective of Civil Procedure

Decisions rendered by Regional Courts of Appeal on the merits of cases exceeding the appeal threshold may be appealed to the Court of Cassation (Code of Civil Procedure, Article 361).
Cases below a certain monetary limit are final and not subject to appeal.

6. How to File an Appeal?

Duration:
- The appeal period in criminal proceedings is generally 15 days(Code of Criminal Procedure, Article 291).
- In civil litigation, the time limit is 2 weeks (Code of Civil Procedure, Article 361).
Application Authority:
- An appeal is filed with the court that issued the decision.
- The reason must be stated in the petition.
Contents:
- In what ways is the decision unlawful?
- Errors were made in the evaluation of the evidence
- Allegations of procedural irregularities.
Examination:
- The file is sent to the Court of Cassation, which reviews the relevant decision.

7. Scope of Appeal Review

The Court of Cassation examines the following issues:

Whether the court has jurisdiction,
Whether the authorization rules have been followed,
Compliance with procedural rules,
Whether the law is being applied correctly.

The evaluation of evidence is not within the purview of the Supreme Court; however, if there is a clear legal violation (e.g., the use of illegally obtained evidence), the Supreme Court will consider it.

8. Decisions That Can Be Made at the End of the Appeal Review

8.1. Approval Decision

If the decision is legally sound, the Supreme Court will uphold it.

8.2. Decision to Annul

If there is a legal irregularity, the decision is overturned and the case is sent back to a lower court for a new ruling.

8.3. Approval with Correction

The decision is upheld after some minor errors are corrected.

8.4. Rejection on the Merits

An appeal will be rejected if it is not filed within the prescribed time limit or if it is deemed not to be legally valid.

9. Key Principles in the Appeals Process

9.1. Prohibition against reversal to the detriment of the defendant

If the appeal is filed solely in favor of the defendant, the Court of Cassation cannot decide to increase the sentence against the defendant.

9.2. The Principle of Public Order

The Supreme Court considers violations of public order ex officio, even if the parties do not mention them in their petitions.

9.3. Final Judgment and Legal Certainty

After the appeal review, the decision becomes final and the execution phase begins.

10. Non-Appealable Decisions

In criminal proceedings, in Article 286/2 of the Code of Criminal Procedure ,
In civil litigation, cases below the monetary limit set forth in the Code of Civil Procedure,
Decisions that the law explicitly states are final.

11. Appeals and Human Rights Law

Appeal is an important part of the right to a fair trial under Article 6 of the European Convention on Human Rights . The European Court of Human Rights considers the possibility of appealing to a higher court, especially in criminal cases, as a guarantee of a fair trial .

12. Points to Consider When Filing an Appeal

The deadlines are very strict; applications must be submitted on time to avoid losing your rights.
The appeal must be reasoned; simply stating "I appeal the decision" is often not enough.
To avoid the risk of procedural rejection, the petition must explicitly refer to the relevant articles of the Code of Criminal Procedure or the Code of Civil Procedure.

13. Conclusion

Appeals is the highest level of oversight. It functions to ensure the legality of decisions in both civil and criminal cases and to provide uniformity of application nationwide. However, not every decision is subject to appeal; the limitations and exceptions stipulated in the law must be carefully examined.

For defendants, plaintiffs, or defendants, appeals are the most critical stage in the pursuit of justice. Therefore, petitions must be carefully prepared, deadlines must be adhered to, and the precedents set by the Supreme Court of Appeals must be closely followed.

Ada Ceren KENDİGELEN

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