Paylaş: Extraordinary Objection Authority of the Chief Public Prosecutor of the Court of Cassation
Regulated under Articles 308 and 308/A of the Turkish Criminal Procedure Code
Authority of the Chief Public Prosecutor of the Court of Cassation
According to Article 308, the Chief Public Prosecutor of the Court of Cassation may file an extraordinary objection against a decision rendered by one of the Court of Cassation’s criminal chambers. This objection can be made ex officio or upon request within one month from the date the decision is delivered to the Prosecutor’s Office. For objections made in favor of the defendant, there is no time limitation.
Upon objection, the file is sent to the criminal chamber that issued the contested decision. The chamber examines the objection as soon as possible, and if it finds merit, it corrects the decision. If the chamber does not find the objection valid, it forwards the file to the General Criminal Assembly of the Court of Cassation. Filing an extraordinary objection does not suspend the execution of the judgment.
Authority of the Chief Public Prosecutor of the Regional Court of Appeal
Under Article 308/A, the Chief Public Prosecutor of the Regional Court of Appeal may file an objection against final decisions issued by the criminal chambers of the Regional Court of Appeal, either ex officio or upon request, within one month from the date the decision is delivered to the Prosecutor’s Office. There is no time limitation for objections made in favor of the defendant.
For objections filed against the defendant, the contested decision must contain a significant error. The objection is served to the defendant or their defense attorney, who has two weeks to respond in writing. The relevant criminal chamber of the regional court reviews the objection, and if it finds merit, it corrects the decision. Otherwise, it forwards the file to the Presiding Council of Criminal Chambers.
Upon referral to the council, the chamber’s presiding judge or an assigned member prepares a report on the objection for the council’s review. Decisions made by the council regarding the acceptance of the objection are final and are returned to the relevant chamber for implementation.
The extraordinary objection authority is a critical legal tool that allows for judicial review in favor of justice and the protection of individual rights.
This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying or use is prohibited.
