Assize Proceedings and Appeals

Which cases do the assize courts hear?

Jurisdiction is set out in Article 12 of Law No. 5235. The general rule is that cases concerning offences carrying aggravated life imprisonment, life imprisonment or more than ten years’ imprisonment are heard by the assize court.

Alongside that rule, certain offences are assigned to the assize court regardless of the sentence prescribed: robbery, extortion by a public official, the aggravated form of forgery of official documents, aggravated fraud and fraudulent bankruptcy. Offences against the security of the State and the constitutional order, and offences under the Anti-Terror Law, are also heard there.

Jurisdiction is a matter of public order: it is taken into account of the court’s own motion at every stage and may be raised by the parties at any time. A trial before a court lacking jurisdiction leads to the judgment being quashed.

What stages do proceedings pass through?

Criminal proceedings have two stages. The investigation begins when the authorities learn of a suspected offence and is conducted by the public prosecutor. During this stage the person is a suspect, and the right to counsel arises at the most critical moment of the whole process: the first statement.

If the prosecutor considers the evidence sufficient, an indictment is filed; once the court accepts it the prosecution stage begins and the suspect becomes a defendant. If the evidence is insufficient, a decision of non-prosecution is issued, which may be challenged before the criminal judgeship of peace within fifteen days of service.

The prosecution stage proceeds through hearings. Evidence is examined, witnesses are heard, further reports are obtained where necessary, and after the defendant has had the last word judgment is given. Appeal, and where available cassation, follow.

How is detention challenged and how long can it last?

Detention is a protective measure available where there are concrete grounds indicating strong suspicion and a statutory ground for detention. An objection may be lodged within seven days of learning of the decision, by petition to the authority that made it.

The continuation of detention is reviewed at intervals of no more than thirty days during the investigation stage, and a fresh right of objection arises with each review. An application may be made at any stage for judicial control measures to be applied instead of detention.

The law also sets maximum periods. For cases within assize court jurisdiction, detention during the prosecution stage may not as a rule exceed two years; it may be extended where necessary with reasons given, but extensions may not exceed three years. A shorter ceiling applies to the investigation stage.

What is the difference between appeal and cassation?

Appeal before the regional court of justice covers both the facts and the law. The regional court may examine the file on the papers or hold hearings and retry the case, in which event new evidence may be taken and witnesses heard again.

Cassation before the Court of Cassation is confined to points of law. It does not reassess the facts; it examines whether the law was correctly applied, whether the rules of procedure were observed and whether the reasoning is sufficient.

Not every judgment may be taken to cassation. The law treats certain regional court decisions as final. Cassation remains open in respect of aggravated life, life and sentences of more than five years’ imprisonment. Identifying which route is available after judgment is therefore essential.

When should the defence be built?

The most decisive moment in criminal proceedings is usually the first statement. Statements made and evidence gathered during the investigation shape everything that follows and are difficult to correct later. Legal assistance should therefore be obtained as soon as a person learns they are the subject of an investigation.

Counsel is mandatory for offences carrying a minimum sentence of more than five years. It is also mandatory where the person is under eighteen, is deaf or mute, or is unable to defend themselves by reason of disability.

The main task of the defence during the investigation is to ensure that favourable evidence is secured in time. Camera footage, communication records and digital data are deleted after set periods, so requests must not be delayed. The deadlines for challenging protective measures are equally strict.

Frequently asked questions

Relevant legislation

• Criminal Procedure Code No. 5271 (arts. 91, 100-109, 141-144, 150, 272-307)
• Law No. 5235 on First Instance Courts (art. 12)
• Turkish Penal Code No. 5237 (arts. 66, 67, 68)
• Law No. 5275 on the Execution of Sentences

Related practice areas