HOW CAN A CONVICTED PERSON APPEAL?
What Is the Legal Remedy Of Objection?
An objection is a "legal remedy" application made
to a higher authority against the decisions of a judge as a rule, and against
the decisions of a court in cases where the law clearly indicates. An appeal
can also be filed to a higher authority on the grounds that the decisions taken
by the public prosecutor are unlawful. However, the objection to the decisions
of the public prosecutor is not considered as an "appeal remedy" in terms
of its legal nature. In criminal procedure, the right of the suspect or
defendant to appeal against the decisions of the public prosecutor is called
"legal remedy"; the right to appeal against the decisions of the
court or judge is called "legal remedy". A legal remedy is a criminal
procedure tool that provides greater protection and assurance to the suspect or
defendant.
Who can apply to the legal remedy of objection?
The public prosecutor, the suspect, the defendant, the
accused, the participant, and those who have requested to participate but whose
request for participation has not been decided, has been rejected, or who have
been damaged by the crime in such a way that they can take the title of
participant can apply to the legal remedy of objection against the decisions of
the judge and the court. The public prosecutor may apply to the legal remedy of
appeal against the decision of the judge or court both in favor of and against
the accused.
Against the decisions of the public prosecutor; the victim,
the person harmed by the crime and the suspect may appeal.
A lawyer may appeal against the decisions of the public
prosecutor provided that it is not contrary to the express wishes of the
persons for whom he or she acts as defense counsel or attorney.
The legal representative and spouse of the suspect or the
accused may exercise the right to appeal in person within the appeal period,
which is open to the suspect or the accused.
The arrested person, their defense counsel or legal
representative, spouse or first or second degree blood relative may apply to
the criminal judge of peace for immediate release against the arrest, detention
order and the decision of the public prosecutor to extend the detention period.
How Can A Detainee Apply To The Legal Remedy Of Objection?
The detained suspect or defendant may apply for the legal
remedy of appeal by making a statement to the clerk of the minutes or the
director of the penal execution institution and detention center where they are
detained or by submitting a petition to this effect.
In case of an application to the clerk of the minutes clerk,
after the statement or petition to apply for legal remedies is recorded in the
relevant book, a report indicating these matters is prepared and a copy is
given to the suspect or defendant under arrest. In case of application to the
director of the institution, the same procedure shall be carried out and the
report and petition shall be immediately sent to the relevant court.
When the action is taken by the minutes clerk or the
director of the institution, the periods specified in the Law for the legal
remedy of objection shall be deemed to be interrupted.
This article is intended for general informational purposes
only and not intended as a substitute for the advice and counsel of a criminal
defense attorney. If you want to contact an English-speaking
criminal lawyer in Istanbul for more information you can contact our office.
