Appeal via Objection in Criminal Procedure: Application Process, Authorized Courts, and Recent Updates

Under Article 268 of the Criminal Procedure Code, the appeal via objection grants the right to challenge judicial decisions. This appeal process is essential for protecting judicial rights and has been clarified through updates in 2021 and 2024.

The process for filing an objection appeal is as follows:

• Notification of Decision: The decision is read to the relevant party, and a copy is provided if requested. For detained individuals, the decision is read and explained.
• Appeal Period: As of March 2, 2024, the party has two weeks from learning of the decision to file an objection.
• Form of Appeal: The appeal can be filed by petition or registered by declaration to the clerk. The declaration is documented and confirmed by the judge or court president.

The authorized courts for reviewing objections vary depending on the type of decision:

1. Objections to Magistrate’s Court Decisions:

   • In locations with multiple magistrates, the appeal is reviewed by the next court in sequence. In single-court areas, the appeal is referred to the nearest heavy penal court.

2. Objections to Detention and Judicial Control Decisions:

   • Per the 2021 amendment, objections to detention and judicial control decisions made by the magistrate’s court are reviewed by the judge of the criminal court of first instance in the same jurisdiction.

3. Objections to Criminal Court of First Instance Decisions:

   • Appeals against decisions made by the criminal court of first instance are reviewed by the heavy penal court.

4. Objections to Auxiliary and Delegated Judge Decisions:

   • Appeals regarding delegated judge decisions are reviewed by the presiding judge of the heavy penal court.

5. Objections to Regional Courts of Appeal and Supreme Court Chambers:

   • Appeals on criminal cases in these courts are reviewed by the chief judge or the sequentially following chamber.

Detainees may submit their appeals through the prison clerk or the prison warden by statement or petition. When filed, this pauses the appeal period.

Objections are generally reviewed without a hearing unless the judge deems a hearing necessary. Appeals may be submitted in writing, expediting the process. Final rulings on objections are binding, except for initial detention decisions.

Recent updates have enhanced judicial oversight and defined review authorities in appeal processes, particularly for detention and judicial control.

This article was written by Attorney Hüseyin Bayar, founder of Bayar Law Firm, and is the property of Bayar Law Firm. Unauthorized copying or use is prohibited.