What is an appeal? Detailed Information About Appeal Legal Remedies in Civil Cases
Appeal is a legal remedy that allows the parties in civil cases to apply to the Supreme Court to review the legality of the final decisions made by the Regional Courts of Justice. With this legal remedy, the parties argue that the case is unlawful and should be quashed.
Information about Appeal Application:
• Who Can Apply for Appeal?
o Plaintiff, defendant, intervener and participant
o Legal representatives
o Public prosecutor (due to official duty)
• Appeal Period:
o Within 2 months from the notification of the decision
o Within 15 days to appeal against the judge’s correction decision
• Petition of Appeal:
o Reasons for appeal should be clearly stated
o It should be explained which articles are against the law and how they should be corrected.
o Necessary evidence and documents must be submitted
Appeal Review:
• The Supreme Court examines the appeal petition and the file.
• Checks whether the decision complies with the law.
• If he finds that there is a violation of the law, he overturns the decision and orders a re-examination.
• Approve the decision if it finds it lawful.
Features of the Appeal Legal Remedy:
• It is the ordinary legal remedy.
• Non-transferable and non-waivable.
• Appeal can be filed after the legal remedy.
• It is the last stage before the verdict becomes final.
• The Supreme Court only carries out legal review.
• Evidence cannot be collected again and expert examination cannot be conducted.
Benefits of Appeal Legal Remedy:
• Enables correction of incorrect decisions.
• Provides legal security and justice.
• Provides unity of judgment.
Important Points Regarding the Appeal Remedy:
• Appeal is not a legal remedy that can be applied in every case.
• The appeal petition must be prepared duly.
• Attention should be paid to the appeal period.
• Appeal fee must be paid.