Criminal cases are sensitive legal processes that can directly affect individuals’ freedoms and reputations. Therefore, it is of great importance to evaluate every opportunity in order to reach a fair and correct trial result. One of these opportunities is appeals.
In this blog post, we will examine the appeals that can be applied in criminal cases in detail and fluently.
Why Does an Objection Occur?
A decision made in a criminal case may be subject to appeal by the defendant, complainant or prosecutor for various reasons. The most common appeals reasons are as follows:
Legal Errors: Incorrect interpretation or application of the provisions of the criminal law or procedural law
Incorrect Evaluation of Evidence: Incomplete or incorrect evaluation of evidence
Deficiencies or Irregularities in the Trial: Conducting procedures contrary to the trial procedure
Unfair Sentence: The punishment is not appropriate for the nature of the crime or the personal situation of the defendant
What Appeals Are Available in Criminal Cases?
In criminal cases, there are different ways to appeal the decision. The most common of these methods are as follows:
Appeal: Appeal is the method of objection made to the Criminal Court of First Instance against the decision given by the first instance court. The appeal period is seven days as of the date of notification of the decision.
Appeal: Appeal is the method of objection made to the Criminal Chambers of the Court of Cassation against the decision given by the court of appeal. The appeal period is ten days as of the date of notification of the decision.
Revision: Revision is the method of objection made to the same court in case of a clear material error in the criminal decision. The revision period is seven days as of the date of notification of the decision.
Retrial: Retrial is an exceptional method of objection decided by the Criminal Chambers of the Court of Cassation in case of force, fraud or mischief in the criminal decision or if new evidence emerges.
How to Prepare an Objection Petition?
The objection petition must be prepared in accordance with the relevant legal legislation. The reason for the objection must be clearly and explicitly stated in the petition. In addition, the petition should justify which aspects of the objected decision are erroneous and why these errors are grounds for objection. Copies of the relevant decision and other evidence should also be attached to the objection petition.
How is a Decision Made on the Objection?
After the objection petition is submitted to the relevant authority, a decision is made on whether the objection is accepted or not. Accepted objections are sent to the relevant court for re-examination. After evaluating the objection, the court may approve, overturn or correct the decision.
The Importance of Objecting in Criminal Cases
The right to object in criminal cases is an extremely important guarantee for a fair and correct trial. Individuals who receive an erroneous or unjust decision have the opportunity to correct this decision through objection. Therefore, it is important for all individuals facing a criminal case to know their right to object and to exercise this right when necessary.
