REPUBLIC OF TURKEY COURT OF APPEALS GENERAL ASSEMBLY OF CRIMINAL LAWS E. 1993/2-187, K. 1993/227, T. 4.10.1993 dated decision “The previous decision of the Local Court which is the subject of reversal has been appealed by the Supreme Public Prosecutor and against the defendants regarding the nature of the crime. According to the unwavering practices of the Supreme Court of Appeals, it has been adopted that even decisions that are final in terms of type and amount will be subject to the supervision of the Supreme Court of Appeals in case of an appeal regarding the nature of the crime. This issue is the natural result of the Criminal Trial which aims to reveal the material truth.”
Even if the verdict given by the Court is final in terms of amount, in case of an appeal or appeal application regarding the nature of the crime, the verdict will be examined in terms of its merits and if no error is made in determining the nature of the crime, the application will be rejected, and if the nature of the crime requires a more severe penalty, a decision will be made.
As stated in the decision numbered 2009/56, dated 10/03/2009, numbered 2009/2-43, of the General Assembly of Criminal Court of Cassation, final judgments must be duly notified to those who have the right to resort to legal remedies, provided that they contain sanctions that exceed the limit of finality, and that they can be subject to appeal/appeal review on the grounds that they are criminal in nature.
