Appeal to the Regional Court

Within the Scope of Articles 272 – 285 of the Turkish Criminal Procedure Code

The appeal to the regional court is a legal remedy against judgments issued by first-instance courts, regulated under Articles 272 to 285 of the Turkish Criminal Procedure Code. Filing an appeal prevents the finalization of the judgment, allowing it to be reviewed by the regional court. In particular, sentences involving 15 years or more of imprisonment are subject to ex officio review by the regional court.

There are certain cases where an appeal cannot be filed:

• Monetary penalties of 15,000 TL or less, except for those converted from imprisonment,
• 500-day or less administrative fines imposed as a result of acquittal,
• Judgments explicitly specified as final by law.

To file an appeal, the request must be submitted within two weeks from the date of the decision’s notification. Appeals can be filed via petition to the issuing court or by declaring intent to the court clerk. Detainees may apply by submitting a petition to the detention facility’s administration.

Declarations to the court clerk are documented and approved by the judge.

Detainees may submit an appeal request to the facility administration. These declarations are recorded, and a copy is provided to the detainee.

If the appeal is accepted, the case file is sent to the regional court, where it is assigned to the appropriate criminal chamber. Any deficiencies are resolved, and a preliminary review is conducted.

The regional court may issue the following decisions:

• Dismissal: If no procedural or substantive legal violations are identified, the appeal is dismissed.
• Amendment or Reversal: The judgment is amended or overturned if a legal violation is identified.
• Hearing: A hearing may be held if deemed necessary.

The regional court reviews the case in line with the first-instance court’s judgment and available evidence.

Appeals filed beyond the deadline or against non-appealable decisions are dismissed.

The regional court’s decisions are subject to a prohibition of resistance; thus, the judgments cannot be contested or appealed further. However, objections and appeals may apply under specific conditions. Cases where further appeals are permitted by other laws remain under the regional court’s jurisdiction.

Defendants may apply for reinstatement if sentenced in absentia, and the appeal period continues during this reinstatement period. In such cases, the appeal process is suspended until a decision is made regarding reinstatement.

The appeal to the regional court plays a vital role in ensuring justice by enabling higher courts to review lower court judgments. This mechanism helps maintain the integrity of legal proceedings and safeguards individual rights. This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Office. Unauthorized use or copying is prohibited.