Criminal Appeal in Turkey for Foreign Defendants: CMK Articles 272–273 and the Current 2-Week Istinaf Deadline

1. Istinaf is regional appellate review of a first-instance criminal judgment

Türkiye’s criminal appellate system generally places the Regional Court of Appeal between first-instance courts and the Court of Cassation. Istinaf can examine whether the judgment is legally and factually sustainable within the statutory framework.

It is different from temyiz, which is the later Court of Cassation remedy available for qualifying regional appellate decisions.

The defence should identify which remedy applies before filing.

2. The current period is two weeks

For decisions rendered on or after 1 June 2024, CMK Article 273 provides two weeks from service of the judgment together with its reasons to request istinaf. CMK provisional Article 6(1)(c) preserves the former filing and time-limit rules for decisions rendered before that date.

Check the judgment date as well as the legally effective service date; a recent notification does not by itself put an older decision into the new regime. Record the applicable deadline immediately.

An appeal submitted after expiry can face rejection unless a legally recognised restoration mechanism applies.

3. The reasoned judgment and its service record are the first documents to obtain

A courtroom announcement of the result and service of the written reasoned judgment are different events. For decisions covered by the new regime, the appeal period starts with service of the judgment together with its reasons.

Foreign defendants should ensure the decision is understood through accurate translation before appeal grounds are finalised.

Counsel should preserve e-notification or postal service evidence.

4. Not every first-instance decision follows the same appellate route

CMK Article 272 and related provisions define decisions subject to istinaf and exceptions. Some very minor decisions can be final; other procedural decisions use objection rather than istinaf.

The judgment’s remedy notice should be checked against the statute rather than accepted uncritically if inaccurate.

The offence, sentence and type of ruling matter.

5. A decision marked final should still be checked against the current law

Courts include a legal-remedy notice at the end of the judgment. If the notice conflicts with mandatory law, counsel should analyse the statutory position immediately.

Do not assume a translation of “final” accurately captures Turkish technical terminology.

Extraordinary remedies are separate from ordinary istinaf.

6. The appeal is lodged through the court that rendered the judgment

The petition identifies the case, challenged judgment and requested appellate relief. It should be signed by the authorised defendant/counsel and filed within the statutory period.

For a defendant, failure to state appeal grounds does not itself prevent istinaf review under CMK Article 273(4). The appeal must nevertheless be properly lodged in time, by petition or a declaration to the court clerk recorded in a statement approved by the judge; CMK Article 263 provides a separate filing route for detained defendants. A clear reasoned petition helps the regional court identify the challenged errors.

The file should show proof of timely filing.

7. Organise grounds by issue rather than retelling the entire trial

Separate errors in evidence assessment, legal qualification, procedure and sentence. Link each point to the relevant record.

Regional judges should be able to see what the first-instance court allegedly got wrong and why it matters to the result.

Do not bury a decisive error inside dozens of minor complaints.

8. Istinaf can address factual assessment within its statutory powers

Witness credibility, camera records, financial evidence, expert reports and chronology can be challenged where the trial court’s findings are inconsistent with the file.

The defence should quote the actual evidence and judgment reasoning accurately.

A factual appeal should explain the alternative conclusion supported by the record.

9. Legal classification errors can change both conviction and sentence

The same conduct can be classified under different offences, aggravated forms or attempt/participation rules. Incorrect classification can materially change punishment.

The appeal should identify the statutory elements and which were not proved.

Foreign law is relevant only where Turkish criminal law or an international issue makes it legally material.

10. Procedural violations can require reversal or retrial

Unlawful evidence, denial of counsel, interpretation failures, improper composition, lack of reasoning and defence restrictions can affect the validity of the judgment.

The appeal should show both the violation and its legal consequence.

Objections made during trial should be identified where relevant.

11. Sentencing can be challenged independently

Even where conviction is not disputed entirely, the defence can challenge aggravation, reduction, discretionary sentencing, suspension/deferment eligibility or calculation errors where legally available.

The judgment should explain why sentencing provisions were applied.

Personal circumstances should be documented, not merely asserted.

Where the appeal is brought only in the defendant’s favour, CMK Article 283 prevents the new judgment from imposing a heavier sentence than the previous judgment. Check all parties’ appeals before relying on that protection.

12. New evidence issues require careful appellate analysis

Istinaf is not an unrestricted chance to rebuild a case that could have been presented earlier. The regional court’s powers regarding evidence and hearing depend on the statutory procedure.

Newly discovered evidence should be explained with its discovery date and relevance.

Evidence preservation from abroad should begin immediately.

13. Foreign defendants need translation and notification planning

A defendant living abroad can miss the applicable appeal deadline if service is not monitored. Counsel should keep address and mandate records current.

Foreign-language evidence should be translated where necessary.

Consular or family assistance does not replace formal counsel filing.

14. Detention status should be addressed in the appeal

A detained defendant can separately request release and challenge continued detention while merits review proceeds. The appeal should not assume filing itself suspends custody.

Changed evidence and time in detention can affect proportionality.

Release requests should be updated as the case progresses.

15. Judicial control can remain during appellate proceedings

A travel ban or reporting duty can continue unless the competent authority lifts it.

A foreign defendant should not make travel plans based solely on a first-instance acquittal or sentence change before the operative control order is checked.

Separate petitions can seek modification.

16. The Regional Court can decide through different procedural methods

Depending on the file and statutory conditions, the regional court can reject, correct, reverse or conduct further review/hearing. The defence should know which outcome is being requested.

A hearing request should be tied to a factual/legal need.

Personal attendance requirements should be checked for foreign defendants.

17. The regional judgment determines whether a later temyiz route exists

Some Regional Court decisions are final; others can be taken to the Court of Cassation under CMK Article 286 and related rules.

Check the later remedy notice and the applicable temyiz deadline immediately under CMK Article 291 and provisional Article 6; the date of the regional appellate decision determines which time-limit regime applies.

Bakırcı & Keskin Hukuk Bürosu has physical offices in Istanbul and Mersin. Criminal appeals throughout Türkiye can be coordinated from these offices subject to competent court and procedure.

Conclusion

For decisions rendered on or after 1 June 2024, Turkish criminal istinaf uses a two-week filing period from service of the judgment together with its reasons. A foreign defendant should secure translation and counsel review immediately, organise factual, legal and procedural errors separately and address ongoing detention or travel restrictions independently from the merits appeal.