Prosecution and Local Court


The first stage of criminal proceedings is the prosecution and local court stage. The criminal justice system consists of three phases in which crimes are investigated, prosecuted and sentences are executed. Of these three phases, all persons who become suspects in the investigation, defendants in the prosecution and convicts in the execution of sentences are under the guarantee of a fair trial. The investigation phase is carried out under the control of the prosecutor. The investigation phase is a process that is concluded as a result of many procedures such as reporting the accusation of a crime, taking statements, applying protection measures and filing a lawsuit. The prosecution phase is the period between the acceptance of the indictment and the court's decision. The process includes ordinary remedies.


After the person files a complaint, the prosecutor first conducts an investigation, and then, if the necessary conditions are met, an indictment is issued and the prosecution phase begins.


Appeal (İstinaf) Judgment


The legal remedy of appeal is regulated between Articles 272 and 285 of the Code of Criminal Procedure No. 5271. As a rule, the subject matter of the appeal proceedings is the final decisions of the court of first instance.  The possibility to appeal against certain decisions specified in the law has been abolished.


The main purpose of the legal remedy of appeal is to realize the purpose of the trial law by examining the decisions rendered by the court of first instance, which are not finalized, in terms of both material and legal issues and eliminating the errors. The aim of the appeal is to ensure a fair decision in the concrete case. In the appeal remedy, the file is examined by the Regional Court of Appeal. Those sentenced to 5 years or less as a result of the appeal decision cannot appeal to the Court of Cassation.


Supreme Court Phase


The judgments will first go through the legal remedy of appeal and then, if it is open, the legal remedy of cassation. These examinations will be conducted in accordance with the provisions of the Code of Criminal Procedure No. 5271 on the legal remedies of appeal and cassation.


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.