Can the Supreme Court Appeal the Approval Decision

If the decisions made by the Court of Cassation, which is the previous appellate authority of the Constitutional Court within the Turkish Legal System, do not constitute a violation of the qualifications that will constitute the conditions for application to the Constitutional Court, these decisions made by the Court of Cassation have the effect of a final decision. However, this way of appeal against the decisions of the Criminal Chambers of the Supreme Court is open. In case of acceptance of this appeal to the Criminal Chamber of the Court of Cassation, the relevant criminal file is returned to the Criminal Chamber of the Court of Cassation. If the Criminal Chambers of the Court of Cassation reject the appeal, the file will be forwarded to the General Assembly of the Criminal Court of the Court of Cassation, which is the supreme council.

308 of the Code of Criminal Procedure. As a result of the authority granted to the Chief Prosecutor of the Republic of the Court of Cassation in Article II, the Chief Prosecutor of the Republic of the Court of Cassation will be able to object to these decisions either ex officio or on request from the date of delivery of the decision to him. As a result of the objection, the Criminal Division of the Court of Cassation will examine the objection as soon as possible, see the objection in place, and go on the way to correct the decision. Otherwise, the objection will be rejected.

How is an Appeal against the Supreme Court Approval Decision Made?

After the Court of Cassation Criminal Chamber approves the decision, the sentence is finalized and the execution of the sentence begins to be applied. In this context, an arrest warrant is issued for a person who has been subjected to criminal sanctions for prison sentences exceeding 3 years without informing the party, and law enforcement agencies take action. In this process, the defendant’s attorney requests the appeal of the approval decision from the Chief Public Prosecutor of the Supreme Court in order to stop the execution of the sentence. In order for this petition to be considered by the Chief Public Prosecutor of the Supreme Court, it is necessary to reconsider the case file, draw attention to aspects that were written or forgotten during the appeal process in the past, or that the Supreme Court did not focus much on in the previous appeal petition.

Duration of Appeal against the Decisions of the Supreme Court

This appeal to be made by the Chief Public Prosecutor of the Court of Cassation appears as the use of the Criminal Chamber 30 days after the date on the verdict made to the chief public prosecutor. However, there is no time limit for appeals to be made in favor of the accused.

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