How to File a Cassation Appeal With Turkey's Court of Cassation — The Difference From an Appeal

Cassation is the final remedy in criminal proceedings by which the Court of Cassation reviews decisions of the regional court of appeal solely for compliance with the law.

The Three-Tier Judicial System

Under the Turkish judicial system, decisions of first-instance courts can be challenged first through an appeal (before the regional court of appeal) and then through cassation (before the Court of Cassation). At the appeal stage, both the facts and the legal assessment are re-examined; at the cassation stage, only whether the legal rules were correctly applied is reviewed — the Court of Cassation generally does not accept new evidence.

Decisions That Can Be Taken to Cassation

Under Criminal Procedure Code No. 5271 (CMK), decisions issued by the regional court of appeal that involve penalties of the severity specified by law can be taken to cassation; this route is closed for decisions the law expressly states cannot be appealed to cassation.

The Filing Deadline

A cassation appeal must be filed within fifteen days of the decision's notification; this period is preclusive. An appeal filed after this period is dismissed for being out of time.

Filing Procedure

A cassation request is made through a petition addressed to the regional court of appeal that issued the decision, or through a statement recorded in the case file; the petition or statement must clearly show which legal provisions the decision violates and what the specific legal errors are. This petition is sent to the Court of Cassation through the relevant regional court of appeal.

Outcomes of the Cassation Review

Following its review, the Court of Cassation may uphold the decision, reverse it, or uphold it with corrections; if the decision is reversed, the case file is sent back to the court that issued the decision for a new ruling.

Practical Recommendations

Establish the exact date the decision was notified to you and do not miss the fifteen-day period; setting out the legal errors concretely and with clear reasoning when preparing your cassation petition increases the effectiveness of the review.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.