Appeal Procedure

The appeal procedure is regulated in Articles 233 to 243 of the Criminal Procedure Code. The general appeal procedure is as follows:

  1. The defendant or the public prosecutor submits an appeal application to the district court that decided the case at the first instance.
  2. The appeal application is submitted in writing and signed by the defendant or the public prosecutor or their attorney.
  3. The appeal application must be submitted within 14 days from the date the district court's decision is pronounced.
  4. The district court that decided the case at the first instance sends the case file along with the appeal application to the high court.
  5. The high court examines and decides the appeal case.
  6. The high court's decision is notified to the defendant or the public prosecutor.

Example of an Appeal Case

For example, defendant A is found guilty by the district court with a 5-year prison sentence. Defendant A is not satisfied with the decision and files an appeal. At the appeal level, the high court overturns the district court's decision and acquits defendant A of all charges.

Cassation

Cassation is a legal remedy that can be filed by the defendant or the public prosecutor against the high court's decision at the appeal level. The cassation decision is adjudicated by the Supreme Court.