Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Appeal (istinaf) is a legal remedy used in Turkey within both the judicial system (civil and criminal cases) and the administrative judiciary. It allows decisions of first-instance courts to be reviewed by the Regional Courts of Appeal (BAM) or the Regional Administrative Courts (BİM).
Unlike cassation (temyiz), which is limited to a legal review, the appeal process provides an opportunity for both legal assessment and re-examination of the factual findings. For this reason, appeal functions as a second stage of adjudication, enabling the correction of incomplete or erroneous procedures in the first instance while also allowing the case to be reassessed when necessary.
Upon an appeal application, the regional court examines whether the judgment is lawful, re-evaluates the evidence, reviews the facts, and may conduct a hearing if needed. At the end of this review, it may set aside the decision, uphold it with modifications, or issue a new judgment. In this respect, the appeal mechanism serves as both a review authority and a second decision-making body within the justice system.
In civil cases, an appeal to the regional court (istinaf) is filed by the party who believes that the decision of the first-instance court is unlawful. The Regional Court of Appeal reviews the file both in terms of legal reasoning and evidence.
A regional appeal is filed by submitting a petition to the court that issued the decision or to any other competent court. When submitting the petition, the required appeal fees and notification expenses must also be paid.
The petition must comply with the procedural requirements set out in the law and must be submitted within the legal time limit. Otherwise, the application will be rejected on procedural grounds without examining the merits of the case.
The time limit to file a regional appeal is two weeks. This period begins on the date the court decision is formally served on the party. If no appeal is filed within this period, the first-instance court’s judgment becomes final.
If the required fees and expenses are missing or not paid at all when filing a regional appeal, the deciding court grants a mandatory one-week period. If the applicant does not complete the payment within this time, the court rules that the regional appeal application is deemed not filed.
Regional Appeal Fees and Expenses for 2025
| Type of Fee | Fixed Fee (TL) | Proportional Fee |
|---|---|---|
Filing Fee |
656,90 TL | |
Fee for Filing an Appeal (Regional Appeal) |
1.683,10 TL | ‰ 68,31(¼ of the proportional rate) |
Fee for Appeal Decisions and Judgments |
1.013,90 TL |
‰ 68,31 (¼ of the proportional rate) |
The time limit to respond to an appeal petition (regional appeal) is two weeks from the date it is served on you. Within this period, you may submit your response to the court that issued the decision, or to another local court to be forwarded to the competent court.
As a general rule, filing a regional appeal does not suspend the enforcement of the decision. However, under Article 36 of the Enforcement and Bankruptcy Law, it is possible to request a stay of execution, which may suspend enforcement during the appeal process. In matters concerning alimony, a stay of execution cannot be granted.
What is the Regional Appeal Threshold in Civil Cases?
The regional appeal (istinaf) threshold for the year 2025 is 40,000 TL.
After the court decision is served on you, you may waive your right to file a regional appeal. If you have already filed an appeal, you may also withdraw your appeal afterward.
If any element other than the following is missing — court name, value of the case, summary of facts, evidence, or legal grounds — the judge grants the plaintiff a one-week peremptory period to correct the deficiency. If the deficiency is not corrected in time, the case is deemed not filed.
However, if any of the five essential elements listed above are missing, the judge does not grant time to correct it; the petition is treated as never submitted.
TO THE İSTANBUL REGIONAL COURT OF APPEAL
Referred Through
THE İSTANBUL … CIVIL COURT
…/../….
File No:
APPELLANT (PLAINTIFF / DEFENDANT):
Attorney:
RESPONDENT (DEFENDANT / PLAINTIFF):
Attorney:
SUBJECT: Appeal against the decision of the … Civil Court dated …/…/… and numbered 2025/… E., 2025/… K.
DATE OF SERVICE: ../../2025
STATEMENTS
1) GENERAL EXPLANATION AND SUMMARY OF THE CASE
…….
2) OBJECTIONS REGARDING PROCEDURE
…..
3) OBJECTIONS REGARDING THE MERITS
……
We request that the appeal be examined with an oral hearing.
RESULT AND REQUEST:
For the reasons explained above and those to be considered by the court ex officio;
1) We request that our appeal be accepted, the decision of the … Civil Court (File No: 2019/… E., 2020/… K.) be set aside, and that the case be re-examined and decided in our favor (or rejected), following a renewed trial.
2) We request that litigation expenses and attorney’s fees be imposed on the opposing party.
Respectfully submitted,
Attorney for the Appellant (Plaintiff / Defendant)
In criminal proceedings, a regional appeal (istinaf) allows the decision of the first-instance court to be reviewed by the higher court, the Regional Court of Appeal (BAM). Filing a regional appeal prevents the decision from becoming final.
In criminal cases, if the appeal is filed in favor of the defendant, the penalty cannot be increased. This makes the regional appeal process particularly important.
A regional appeal is filed by submitting a petition to the court that issued the decision. However, for decisions involving prison sentences of 15 years or more, the Regional Court of Appeal reviews the case ex officio, without the need for a petition.
For detained suspects or defendants, an appeal can be filed by submitting a petition or declaration to the court clerk or to the director of the detention facility or prison where they are held.
The appeal must be filed within 2 weeks from the date the judgment, along with its reasoning, is served.
After filing, the file is sent to the BAM Criminal Chamber, where it can be reviewed either:
1. Judgments imposing judicial fines up to 15,000 TL (inclusive).
2. Acquittals for crimes punishable by judicial fines of up to 500 days.
3. Decisions explicitly stated by law as “final” cannot be appealed.
Unlike civil cases, filing a criminal appeal does not require any fees, costs, or security deposits. The appeal is completely free, based on the principle of access to justice in criminal proceedings.
TO THE … REGIONAL COURT OF APPEAL, CRIMINAL CHAMBER
Through
… … CRIMINAL COURT
APPELLANT (DEFENDANT / COMPLAINANT): Name, T.C. ID, Address
ATTORNEY: (if any) Name
FILE NO: …/… E. – …/… K.
SUBJECT: Appeal against the decision of … Criminal Court, File No …/…, dated …/…/…
STATEMENTS:
LEGAL GROUNDS:
CMK, TCK, Article 6 of the ECHR, and relevant legislation.
REQUEST
For the reasons stated above, we respectfully request:
Acceptance of the appeal and annulment of the lower court’s decision.
If necessary, oral hearing at the BAM and establishment of a new judgment. ../…/2025
Signature
Name Surname
1) Dismissal on the Merits:
If no procedural or substantive errors exist, the appeal is dismissed.
2) Affirmation with Corrections:
Minor legal errors are corrected, and the decision is affirmed.
3) Reversal and Return to First Instance:
For serious errors such as unlawful court composition, participation of a disqualified judge, absence of the prosecutor, or use of illegal evidence, the decision is reversed and sent back to the lower court.
4) Retrial:
If errors are found that warrant a new trial, BAM can conduct a hearing and issue a new judgment.
