Author
Wrestler, Ali
Publication Date
2019
Publication Place
-
Dokuz Eylül University Faculty of Law
Subject
Appeal, Legal remedy, Right to two levels of trial in criminal matters, Ordinary remedy, Regional court of justice, Expanded appeal, Appeal, Right to second-level appeal in criminal matters, Legal remedy, Ordinary legal remedy, Regional court of justice, Expanded appeal
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
1303-6963
Record ID
7e28e8e8-07ba-42db-9977-bd47f5f878e0
Date
2019
Sample Text
Appeal is one of the ordinary legal remedies provided for in criminal procedure. This legal remedy entered into force on July 20, 2016, with the commencement of duty of the regional courts of justice. It is inevitable that some decisions made by judicial authorities will be erroneous; because these decisions are made by human judges. In order to eliminate errors in decisions, these decisions must, as a rule, be reviewed and audited by a higher judicial authority. For this reason, various legal remedies are prescribed in legal systems and the parties to the trial are given the right to seek legal remedies. Although the parties must be granted the right to seek legal remedies, there is no obligation regarding the scope of the examination to be carried out upon this application. In this respect, in legal proceedings, it may be possible to audit the decision in material and legal aspects, or it may be sufficient to audit the decision in legal terms; Therefore, there is no obligation to accept the legal remedy of appeal, where the decision can be reviewed both materially and legally. An appeal filed within the prescribed period prevents the decision from becoming final; Therefore, appeal is the ordinary legal remedy. There are important differences between appeal and other ordinary legal remedies such as opposition and appeal. In addition to the legal review of the decision, the financial review is considered the most important guarantee of the appeal legal remedy. In the approximately three-year application of the appeal legal remedy; The material audit of the decision, which is stated as the most important guarantee of the appeal, has not been carried out, and almost all of the appeal examinations have been decided on the file. It would be appropriate to abolish the extended appeal legal remedy. Extended appeal has been successfully implemented by the Supreme Court of Appeals for many years. For this reason, with the abolition of the appeal legal remedy, a legal regulation regarding extended appeal should be made., Appeal to the Regional Court of Justice is an ordinary legal remedy regulated under criminal procedure. This legal remedy was enacted on 20 July 2016. As the judgments were given by judges, who are human-beings, some errors are inevitable. To avoid errors, the given judgments must be examined by a higher court. For that reason, legal systems set various legal remedies and allowed parties to pursue those legal remedies. Even though legal remedies must be implemented, there is no envisaged obligation regarding the scope of the examination of the higher court. Thus, it is possible to implement both procedural review and substantive review, or confine the scope of the review to procedural law; that is to say there is no obligation to provide for an appeal to the Regional Court of Justice which examines both substance and procedures. Appeal to the Regional Court of Justice in due time hinders a judgment from having a definitive status, therefore, such an appeal must be categorized as ordinary remedy. However, appeal to Regional Court must be distinguished from other ordinary remedies of objection and cassation. The most significant element of Regional Court appeal is that it assures review on both substance and procedures. Nevertheless, within three years, the Regional Courts did not actually evaluate the cases substantially, instead they rendered on the most part file-based decisions. Repealing appeal to the Regional Court of Justice as expanded appeal would be reasonable. Expanded appeal has been successfully applied by the Supreme Court for many years. Thus, along with repealing appeal to the Regional Court of Justice, the legislation on expanded appeal must be enacted.
Cilt
21
