Reversal in the Interest of the Law

Legal Basis of Reversal in the Interest of the Law

Reversal in the interest of the law is regulated in the Code of Criminal Procedure for criminal proceedings and in the Code of Civil Procedure for civil proceedings:

“(1) Where the Ministry of Justice learns that a decision or judgment rendered by a judge or court, which has become final without undergoing appeal or appeal on points of law review, is contrary to law, it shall notify the Chief Public Prosecutor’s Office of the Court of Cassation in writing, stating the legal grounds, of its request that the decision or judgment be reversed by the Court of Cassation.

(2) The Chief Public Prosecutor of the Court of Cassation shall submit a written request, setting out these reasons verbatim and requesting the reversal of the decision or judgment, to the relevant criminal chamber of the Court of Cassation.

(3) If the criminal chamber of the Court of Cassation finds the grounds put forward to be well-founded, it shall reverse the decision or judgment in the interest of the law.”

Code of Criminal Procedure, Article 309

“(1) (Amended: 20/7/2017-7035/33 art.) An appeal on points of law in the interest of the law may be lodged by the Ministry of Justice or the Chief Public Prosecutor’s Office of the Court of Cassation, on the ground that they are contrary to the law in force, against decisions rendered with finality by first instance courts and their decisions that have become final without undergoing appeal review, and against decisions rendered with finality by the civil chambers of regional courts of appeal acting as first instance courts and decisions rendered by them in that capacity that have become final without undergoing appeal on points of law review.

(2) If the Court of Cassation finds the request for appeal on points of law to be well-founded, the decision shall be reversed in the interest of the law. This reversal does not remove the legal consequences of the decision.

(3) A copy of the reversal decision shall be sent to the Ministry of Justice and shall be published by the Ministry in the Official Gazette.”

Code of Civil Procedure, Article 363

Ordinary and Extraordinary Legal Remedies

First of all, it should be noted that legal remedies are divided into two: ordinary legal remedies and extraordinary legal remedies. The ordinary legal remedies are appeal (istinaf) and appeal on points of law (temyiz), while the extraordinary legal remedies are reversal in the interest of the law and retrial. A legal remedy sought against decisions and judgments that have not become final is called "ordinary", whereas a legal remedy sought against final decisions and judgments is called an "extraordinary" legal remedy.

Ordinary and extraordinary legal remedies

Reversal in the interest of the law falls under the heading of extraordinary legal remedies. As its name suggests, reversal in the interest of the law, being an extraordinary legal remedy, is a route available against a decision that has become final without undergoing appeal or cassation review. The remedy of reversal in the interest of the law, which consists of a request for the reversal of unlawful decisions and judgments, is exercised by the Ministry of Justice applying to the Chief Public Prosecutor's Office of the Court of Cassation.

The unlawfulness in question may be a breach of substantive law or may consist merely of a procedural error. Reversal in the interest of the law may be sought for both kinds of unlawfulness. As we have noted, reversal in the interest of the law is an extraordinary legal remedy against final decisions.

How Is an Application for Reversal in the Interest of the Law Made?

The power to apply for reversal in the interest of the law belongs to the Ministry of Justice. The public prosecutor, the judge, the defendant, the complainant or the intervening party, either themselves or through their lawyers, may request the Ministry of Justice to use the remedy of reversal in the interest of the law against a decision or judgment given during the proceedings.

• Public prosecutor
• Hakim
• Defendant
• Complainant
• Intervening party

For criminal decisions, the process under Art. 309 of the Code of Criminal Procedure consists of the following stages:

1. TalepThe persons concerned apply to the Ministry of Justice themselves or through their lawyers.
2. Notification by the MinistryThe Ministry of Justice notifies the request for reversal, together with its legal grounds, in writing to the Chief Public Prosecutor’s Office at the Court of Cassation.
3. Submission by the Chief Public Prosecutor’s OfficeThe Chief Public Prosecutor at the Court of Cassation, setting out the grounds verbatim, submits the request to the relevant criminal chamber of the Court of Cassation.
4. Decision of the Court of CassationIf the criminal chamber finds the grounds put forward well-founded, it reverses the decision or judgment in the interest of the law.

In order for such an application to be considered significant and for the Ministry of Justice to take action, the persons concerned mentioned earlier, that is, the applicants, must set out their requests together with their legal basis and, at the same time, draw attention to the unlawfulness involved. At this stage, it will be beneficial to obtain legal assistance rather than applying without sufficient knowledge, in order to avoid any loss of rights.