Appeals: The Two Routes, Their Deadlines and When a Judgment Is Final

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İstinaf ve Temyiz: Karara İtiraz Yolları ve Süreleri.

An appeal to the regional court of appeal re-examines a decision on both the facts and the law; an appeal on a point of law reviews only its lawfulness. In civil cases the period for the first is as a rule two weeks from service of the reasoned judgment, and in criminal cases seven days from pronouncement or service. The period runs from service, not from the day the decision was announced.

A decision against you is usually not the end of the matter. Turkish law provides a two-stage review: first an appeal to the regional court of appeal, and then, where the conditions are met, an appeal on a point of law.

The critical feature of both is their deadlines. They are forfeiture periods: one day late and, however right you are, the judgment becomes final and cannot be altered.

The Appeal to the Regional Court of Appeal

This is a re-examination of the first-instance decision by the regional court of appeal. That court reviews both lawfulness and the findings of fact — not merely whether the law was correctly applied, but whether the facts were correctly established.

It is therefore a wider review than an appeal on a point of law. The regional court may hold a hearing, take further evidence, set the decision aside and give a fresh decision on the merits.

The period is as a rule two weeks from service of the reasoned judgment. Special statutes may provide different periods, so note the day the judgment is served on you.

The Appeal on a Point of Law

This is a review of the regional court's decision by the Court of Cassation. As a rule it does not review findings of fact; it examines only whether the law was correctly applied and does not interfere with the evaluation of evidence.

If the Court sets the decision aside, the file returns to the court that gave it and the case is heard again. If it upholds the decision, the judgment becomes final.

In civil cases the period is likewise as a rule two weeks from service.

Can Every Decision Be Appealed?

No. The law sets monetary thresholds so that small disputes do not occupy the appellate courts.

• The first threshold: in cases concerning property, where the value of the claim falls below a defined amount the first-instance decision is final and no appeal lies.
• The second threshold: a similar monetary threshold applies to decisions of the regional court of appeal; below it, those decisions are final.

These amounts are updated each year by the revaluation rate. Whether a decision can be appealed therefore depends on the year in which it was given, and the figure applicable at the date of service must be checked.

Besides the thresholds, the law treats certain kinds of decision as final. In reinstatement cases, for instance, the decision of the regional court of appeal is final and no further appeal lies.

The Deadlines in Criminal Cases

They differ from civil cases and are shorter.

• Appeal to the regional court: seven days from pronouncement where the decision was given in the person's presence, and from service where it was given in their absence.
• Appeal on a point of law: fifteen days from service of the regional court's decision.

Criminal proceedings also produce final decisions: decisions on certain minor penalties cannot be appealed.

When Does the Period Start?

This is where rights are most often lost. The period runs not from the date the decision was announced but as a rule from the date the reasoned judgment was properly served.

When the operative part is read out at a hearing you learn only the outcome; the reasons are written later and served. Because the appeal is drafted against the reasons, the period runs from then.

A notice failing to reach your address does not mean the period has not run. If service was properly effected, it runs. Notifying the court of any change of address during proceedings therefore matters.

How Long Does an Appeal Take?

No firm figure is possible; it depends on the workload of the courts, the size of the file and whether a hearing is held. In practice an appeal to the regional court most often takes one to two years, and an appeal on a point of law a similar period.

Appealing does not by itself stay enforcement of the judgment. To prevent enforcement you must additionally request a stay of enforcement, and security is generally required.