What is the deadline for filing an appeal? (Article 273 of the Criminal Procedure Code)

1. Introduction

One of the most important guarantees of seeking justice in criminal proceedings is the review of judgments by a higher court . For this purpose, an appeal grants the parties the right to both legal and factual review. However, compliance with the time limit stipulated by law is mandatory for exercising this right .

This is where "What is the appeal period?" arises. The Turkish Code of Criminal Procedure (CMK) clearly defines this period.

2. Legal Basis

Article 273/1 of the Code of Criminal Procedure: "The time limit for filing an appeal is seven days from the date of the pronouncement of the judgment, or, if it was rendered in the absence of the defendant, from the date of its notification."
CMK Articles 40–41: Provisions for reinstatement (in case of missed deadlines).
Article 36 of the Constitution: Freedom to seek justice.

3. Duration: 7 Days

The appeal period is 7 days. This period a forfeiture period; if the period is exceeded, the right to appeal is lost and the decision becomes final.

4. Beginning of the Period

4.1. Explanation (Face-to-Face Explanation)

When the judgment is announced in the presence of the parties, the time limit from the date of announcement .
For example:

According to a decree announced on October 1, 2025, the final date October 8, 2025 .

4.2. Notification (Decision in Absence)

If the defendant, the plaintiff, or their counsel is not present, the judgment shall be deemed to have been rendered in their absence. In this case, the time limit begins from the date of notification of the judgment

For example:

If the reasoned judgment is served on October 5, 2025, the deadline on October 12, 2025 .
Article 273/2 of the Code of Criminal Procedure guaranteed that the time limit for pronouncements without justification would begin with the notification of the reasoned judgment, but this was abolished in 2013. Today, in practice, the time limit begins from the pronouncement of the judgment; therefore, the practice of "petitions for extension of time" has become widespread.

5. Time Calculation

The starting date is not counted (CMK Article 39).
The period ends at the close of business on the seventh day
If the last day falls on a public holiday, the period ends on the first working day following the holiday

6. Restoration to the Previous State (CMK Article 40)

If a party has missed the deadline through no fault of their own (e.g., illness, natural disaster, incorrect notification), reinstatement . To do this:

The application must be submitted within 7 days after the obstacle is removed .
The disability must be proven (report, document)
An appeal must also be filed simultaneously.

7. Consequences of Missing the Deadline

If no appeal is filed, the judgment becomes final.
If the conviction is finalized, the execution of the sentence will begin.
If the acquittal becomes final, the defendant acquires a vested right.
Only extraordinary legal remedies (request for annulment in the interest of law by the Chief Public Prosecutor of the Supreme Court of Appeals, individual application to the Constitutional Court, application to the European Court of Human Rights) can now be pursued against the final decision

8. Points to Consider During Implementation

Do not wait for the reasoned judgment to be served: The time limit may have already begun upon notification.
Notification of legal recourse: If there is an erroneous notification in the record, the one that is more favorable to the party will be considered.
Application for extension of time: Initially, a short application stating "I will appeal" can be submitted, with detailed reasons to be provided later.
Changes in legal counsel: Changing the defense counsel does not stop the time limit; the time limit continues to run for the party.

9. Supreme Court and Regional Court of Appeals Practice

The Supreme Court has adopted a very strict approach regarding time limits in its decisions . Applications are directly rejected if the time limit has been exceeded . However, if there is incorrect notification or incomplete notification, this is interpreted in favor of the defendant.

Regional Courts of Appeal also strictly apply the 7-day period.

10. Case Study

Defendant A conviction The verdict was announced in his/her presence, and his/her lawyer was also present.

The period begins the day following September 20, 2025, and ends at the close of business on September 27, 2025.
If the defendant files an appeal on September 28, 2025, the appeal will be rejected on grounds of timeliness , and the decision will become final.

11. The Strategic Importance of the Appeal Period

From the defendant's perspective: The finalization of the sentence is prevented, and the execution of the sentence does not begin.
From the plaintiff's perspective: If the sentence is deemed too lenient, it creates an opportunity to have it increased.
From the prosecution's perspective: It ensures that wrong decisions are corrected in terms of public order and criminal policy.

12. Sample Petition (Time Limit)

… TO THE PRIMARY CRIMINAL COURT
(File …/… E. – …/… K.)

Defendant: …
Defense Attorney: Attorney …

SUBJECT: Appeal

We are filing an appeal within the prescribed time limit pursuant to Article 273 of the Code of Criminal Procedure against the judgment issued by your court on October 1, 2025. We will submit our detailed arguments within the prescribed time limit.

Sincerely,
Date – Signature

13. Conclusion

According to Article 273 of the Code of Criminal Procedure, the appeal period in criminal proceedings is 7 days. This period begins to run from the date of pronouncement or notification and is of a forfeiture nature. To avoid missing the deadline, the parties should be careful and, if necessary, a petition for extension of time . Otherwise, the judgment becomes final, and only extraordinary legal remedies become available.

Ada Ceren KENDİGELEN

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