An appeal in the interest of the law is an extraordinary remedy allowing decisions that became final without appellate or cassation review, but which contain unlawfulness, to be quashed. It is governed by Article 309 of the Turkish Code of Criminal Procedure.
An appeal in the interest of the law (kanun yararına bozma) is the procedure by which the Ministry of Justice applies to the Office of the Chief Public Prosecutor at the Court of Cassation requesting that a decision be quashed, where that decision became final without passing through appellate or cassation review yet contains unlawfulness.
Under Article 309 of the Turkish Code of Criminal Procedure, an appeal in the interest of the law may be brought against a decision that is not subject to appellate or cassation review, or that is subject to such review but became final without those remedies being pursued.
The decision challenged may contain unlawfulness relating either to substantive law or to procedural law. The remedy is available in both cases.
Because the appeal in the interest of the law is an extraordinary remedy, it is not subject to any time limit.
The remedy is sought by filing a petition addressed to the Ministry of Justice. It is advisable to submit the petition through the court that heard the case or through the public prosecutor’s office attached to it.
Under Article 309 of the Code, the authority to bring the appeal belongs to the Ministry of Justice. Individuals cannot apply directly to the Court of Cassation; they must apply to the Ministry of Justice. The petition is submitted to the court that gave the judgment, or to the Chief Public Prosecutor’s Office to which that court is attached, for onward transmission to the Ministry.
An application may be made by the defendant, the intervening party, the public prosecutor or other participants in the proceedings, and by their counsel and defence lawyers. If the Ministry of Justice considers the alleged unlawfulness well founded, it applies to the Office of the Chief Public Prosecutor at the Court of Cassation, setting out its reasons, requesting that the decision be quashed in the interest of the law. Where the Ministry rejects the request, that decision is served on the applicant.
The Chief Public Prosecutor at the Court of Cassation then sets out the notified grounds and transmits the request for quashing to the relevant criminal chamber of the Court of Cassation. If the Court finds the grounds well founded, it quashes the decision in the interest of the law.
Because this is an extraordinary remedy, obtaining legal assistance from lawyers experienced in the field is important. If the application does not correspond to the grounds for quashing set out in Article 309, or the legal reasoning is not correctly identified, the application will be rejected, with consequences that may be irreversible.
Frequently Asked Questions
It is a request to quash decisions that became final without appellate or cassation review but contain unlawfulness. Governed by Article 309 of the Turkish Code of Criminal Procedure, it is brought by the Office of the Chief Public Prosecutor at the Court of Cassation upon the request of the Ministry of Justice.
The Ministry of Justice sets the remedy in motion. Individuals cannot apply directly to the Court of Cassation; they submit their request to the Ministry of Justice, which, if it considers the request well founded, asks the Chief Public Prosecutor at the Court of Cassation to seek quashing.
No. As an extraordinary remedy, the appeal in the interest of the law is not subject to any time limit.
The information on this page is general in nature and does not constitute legal advice. Please contact our office for an assessment of your specific matter.
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