Critical Details Regarding Appeal and Review Processes

Critical Details Regarding Appeal and Review Processes. The giving of a court decision must not be thought of as the end of legal processes. Especially in criminal cases, the correctness and lawfulness of the decisions given are being supervised by higher courts. This supervision mechanism is of vital importance to ensure that the trial is being carried out in a fair and trustworthy manner. However, concepts such as appeal and cassation can often be confused, and this complexity can lead to the loss of rights. In this article, what the appeal and cassation processes are in criminal cases, the fundamental differences between them, the application conditions, and why these legal remedies are so important will be addressed in detail.

1. Legal Remedies in Criminal Law: The Basis of Legal Supervision

When a decision given by a court is being thought to be wrong, the lawfulness of this decision is being examined by higher courts. In law, these supervision ways are being called “legal remedies.” In criminal cases, there are two main legal remedies: appeal and cassation. These two ways are guaranteeing that the trial process is correct and is being carried out in a fair manner.

2. The Legal Remedy of Appeal: Supervision from Both Legal and Factual Aspects

Appeal is a legal remedy that is ensuring the re-examination of the verdicts given by first instance courts (Criminal Court of First Instance, Heavy Criminal Court) from both legal and factual aspects. This process is being carried out in “regional courts of justice” (appeal courts).

• The Purpose of Appeal: The appeal court is reviewing the decision of the first instance court from all its aspects (the evaluation of evidence, witness statements, the legal rules being applied). The purpose is the detection and correction of the mistakes made in the first instance court.
• Conditions for Appeal Application: In our legal system, not all decisions given by first instance courts can be taken to appeal. For example, prison sentences given for crimes with a penalty of five years and below and some judicial fines are being subject to appeal.
• The Decisions of the Appeal Court: Three different decisions can be given by the appeal court:
  • Rejection on the Merits: When the conclusion that the first instance court’s decision is lawful is being reached, the application is being rejected on the merits.
  • Reversal and the Return of the File: When a mistake is being detected in the first instance court’s decision, the decision is being reversed and the file is being sent back to the first instance court for a new trial.
  • Giving a Decision on the Merits: In some situations, a new decision being given by the appeal court can also be in question.

3. The Legal Remedy of Cassation: Supervision of Lawfulness

Critical Details Regarding Appeal and Review Processes. Cassation is a legal remedy that is ensuring the examination of the decisions given by appeal courts in terms of their lawfulness. The cassation review is being done by the Court of Cassation (Yargıtay), which is the highest court.

• The Purpose of Cassation: The purpose of cassation is not related to the factual aspect of the events. Only legal supervision is being done. The Court of Cassation is examining whether the law has been applied correctly and whether a procedural mistake has been made in the decision given by the appeal court.
• Conditions for Cassation Application: Not all decisions of the appeal court can be taken to cassation. The way of cassation is generally being kept open for decisions given for more serious crimes, such as prison sentences of over five years.
• The Decisions of the Court of Cassation: As a result of the cassation review, three different decisions can be given by the Court of Cassation:
  • Affirmation: When the conclusion that the appeal court’s decision is lawful is being reached, the decision is being affirmed.
  • Reversal: When a legal mistake is being detected in the appeal court’s decision, the decision is being reversed and the file is being sent back to the appeal court or the first instance court for a new review.
  • Correction: Some minor mistakes can be corrected by the Court of Cassation without the need for the file to be sent back.

4. Fundamental Differences Between Appeal and Cassation

Although these two legal remedies are often being confused with each other, there are important differences between them.

• Authorized Court: Appeal applications are being made to regional courts of justice, while cassation applications are being made to the Court of Cassation.
• Scope of Review: While both factual events (evidence) and legal issues are being examined in appeal, only legal issues (whether the law has been applied correctly or not) are being supervised in cassation.
• Power to Give a Decision: The appeal court can give a decision on the merits in some situations, but the main duty of the Court of Cassation is to give a reversal or affirmation decision. The Court of Cassation cannot give a decision on the merits about a file except for in very rare situations.

5. Application Periods and Conditions

There are periods determined by law for appeal and cassation applications. The application generally must be made within seven days from the notification of the decision to the relevant person. This period has been determined by laws, and the missing of the period is causing the loss of rights.

6. Legal Consequences and the Operation of the Process

When an appeal or cassation application is being made, the local court decision is not being finalized and its execution can be stopped. The decision given by the higher court is taking the place of the local court decision and is being finalized.

7. Legal Support and Professional Help

Appeal and cassation processes are complex processes that are requiring legal knowledge and experience. A wrong step that will be taken in these processes can cause irreversible losses of rights. Therefore, legal support from an expert criminal lawyer must definitely be taken in higher court processes. A lawyer is ensuring the lawful preparation of petitions, that application periods are not being missed, and that the rights of their client are being defended in the best way.

Appeal and cassation are two important legal remedies that are ensuring the correction of mistakes made in trial processes and the full administration of justice. The knowing of the differences of these processes is of vital importance for the protection of legal rights and the taking of correct steps. Although the process is being seen as complex, it can be possible to reach a fair result with expert legal support.