Which decisions are subject to appeal? A comprehensive examination in light of Article 272 and subsequent provisions of the Code of Criminal Procedure

1. Introduction

In the Turkish Criminal Procedure system appealof decisions made by first-instance courts, both in terms of fact and law . With the commencement of operations of regional courts of appeal on July 20, 2016, the institution of appeal has also become operational in criminal proceedings.

The purpose of appeals is to correct errors made in the first instance court, to re-examine the evidence, and to establish a legally sound judgment. However, not every decision is subject to appeal. At this point, "which decisions can be appealed?" becomes of great importance in practice.

2. Legal Basis

CMK Article 272/1: An appeal may be filed against the judgments.
Article 272/2 of the Code of Criminal Procedure: Judgments that are stated in the law to be final are not subject to appeal.
Article 223 of the Code of Criminal Procedure regulates the types of judgments that first instance courts can render.
Articles 273–285 of the Code of Criminal Procedure: Define the procedure for appeal.

3. Decisions Subject to Appeal

3.1. Conviction Decisions

All conviction decisions regarding the sentencing of the defendant are subject to appeal.

Prison sentences (whether short-term or long-term)
Judicial fines (excluding those below the legal limit)
Deferred sentences
Penalties imposed for negligent offenses

3.2. Acquittal Decisions

Decisions regarding the acquittal of the defendant may be appealed by the plaintiff and the public prosecutor. The defendant is not required to appeal against an acquittal decision, as it is a ruling in their favor.

3.3. Decisions to Dismiss the Case

If a definitive judgment has already been given on the same act (ne bis in idem),
Dismissal of the case due to lack of jurisdiction or competence,
Lack of the right to complain or failure to file a complaint within the prescribed time limit,

Rejection decisions based on reasons such as these are subject to appeal.

3.4. Decisions to Dismiss the Case

Due to the statute of limitations,
The death of the defendant,
Withdraw the complaint
Amnesty,

Appeals can be filed against dismissal decisions made for reasons such as those mentioned above.

3.5. Decisions That No Penalty Will Be Imposed

Decisions that acquittals are warranted when the defendant's actions do not constitute a crime or when there are grounds for legal justification are also subject to appeal.

3.6. Security Measures

Security measures specific to mentally ill patients,
Confiscation of property or earnings,
Deprivation of the right to exercise certain rights,

Provisions relating to security measures, such as those mentioned above, can also be appealed.

4. Decisions Not Subject to Appeal

4.1. Interim Decisions

Gathering evidence,
Calling witnesses,
Appointment of an expert witness,
Continuation of detention or judicial supervision,

Decisions regarding this matter are subject to appeal, not review .

4.2. Decisions of the Magistrates' Court

Decisions such as arrest, judicial control, apprehension, seizure, and search appeal ; they cannot be appealed to the Supreme Court.

4.3. Suspended Sentence Decisions

Decisions to postpone the announcement of the verdict (HAGB) can be appealed through an objection, not an appeal (CMK m. 231/12).

4.4. Decisions Below the Limit of Certainty

The Code of Criminal Procedure and some special laws stipulate that small fines or certain decisions regarding specific crimes are final . There is no right of appeal for these decisions.

5. The Appealing Authority of the Participating Party and the Public Prosecutor

The public prosecutormay appeal any verdict for reasons of public order.
The plaintiffmay appeal regarding the parts of the decision that concern their interests. For example, if compensation is not awarded or if an acquittal is given.

6. Supreme Court and Regional Court of Appeals Practice

Supreme Court Criminal General Assembly: "Only decisions of a final nature are subject to appeal; objections must be filed for interim decisions."
Regional Courts of Appeal: They consistently issue rulings, particularly regarding suspended sentences, stating that these decisions cannot be appealed.

7. Problems Encountered in Practice

7.1. Confusion Between Suspended Sentence and Appeal

In many cases, parties appeal against the suspended sentence decision, whereas the only option is to file an objection. This leads to a loss of time and rights.

7.2. Incorrect Applications Against Interim Decisions

For example, an appeal against a detention order is rejected by the Regional Court of Appeals.

7.3. Overlooking the Limit of Certainty

When appeals are filed for small fines, the appeal is rejected due to the "finality" of the decision.

8. Strategic Recommendations

First, determine whether the decision is a final judgment or an interim decision
against suspended sentence decisions .
Review the accuracy limit
In your appeal petition, include both procedural and substantive objections.

9. Conclusion

In criminal proceedings, appeal is a legal remedy that can only decisions of a judicial nature . Conviction, acquittal, dismissal, rejection of a case, decision that there is no ground for punishment, and decisions regarding security measures are subject to appeal. Interim decisions, decisions of the Magistrates' Court, and decisions regarding suspended sentences are not subject to appeal.

Making this distinction correctly will both prevent loss of rights and ensure a more efficient criminal procedure.

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