When Are Court Decisions Finalized?
The judicial process is a very extensive, consisting of many branches, and most importantly, it is a serious process. Therefore, it is obvious that mistakes can be made at the point of judgment. Therefore, since it is considered that the decision to be made may also be erroneous, the appeals institution, which is the process of moving the file to a higher court, has been included in our Turkish Law. In the first instance, that is, you appeal the file together with your right to appeal the decisions made by your local courts. According to the court of first instance, the Council of State or the Court of Cassation is examining the file on appeal. The trial process continues in this way. The termination of the trial process occurs when the decision is finalized.
What Does the Finalization of the Decision Mean?
In order for the decision to be finalized, there should be no legal way left, that is, it should be exhausted. In a more explicit statement, the decision that was not appealed was not finalized until the appeal period had elapsed. As an example, the decision made by the criminal court was not finalized at the time of its decision. The appeal period determines whether the decision has been finalized or not. If the decision is not appealed within the appeal period, it will be finalized, and if it is appealed, the Supreme Court is expected to review the file. The decision that will be made after this review may be a final decision.
In some decisions, on the other hand, the possibility of moving the file to the Council of State or the Supreme Court by legal means, that is, by another expression of appeal, has not been recognized by the law. The reason for this is not to increase the workload of the supreme courts due to simple issues.
What is Ilam, What Does It Mean?
Ilam means, in short, the paper on which the court’s decision is written. This paper issued to the parties must be signed and sealed. In the last parts of the application, it is written whether the decision has been finalized or not, and which authorities can be applied for the decision within a few days. As we mentioned above, the decision made by the local court is finalized if it is not appealed during the appeal period. We cannot talk about the finalization of the decision when it is appealed within the time limit.
How Can I Make the Decision Final?
There are some criteria that vary according to the courts in order to ensure the finalization of the decision. We need to sort these criteria into headings.:
1-) In civil courts; In order for the decision to be finalized, it must be notified to the parties. After the reasoned decision is written, the decision is notified to the parties at the request of any of the parties and the appeal period begins to operate from the date of this notification.
2-) In Business, Executive and Criminal courts; If the decision has been interpreted to the parties (that is, it is included in the literature as saying it to the face in the courtroom), if it has not been interpreted from the date of interpretation, the period begins to operate from the date of receipt of the notification.
3-) In administrative courts, the decision is notified to the parties spontaneously. The parties do not need to request for a notification. The period starts to work from the date of receipt of the notification.
What is an Appeal, What Does It Mean?
An appeal is a legal act. To appeal means to request an examination of the courts of first instance, that is, the courts of higher instance, as to whether the decision made by the local court is correct or not, whether it is contrary to the law. As a high-ranking judicial court, the Supreme Court of Cassation conducts examinations, and as a high-ranking administrative judicial court, the Council of State conducts examinations.
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