Volume 1 Issue 2 | October 2021

THE JURISDICTION TO APPEAL BY THE CHIEF PUBLIC PROSECUTOR OF THE SUPREME COURT OF CASSATION AS AN EXTRAORDINARY LEGAL REMEDY

The jurisdiction to appeal by the Chief Public Prosecutor of the Supreme Court of Cassation is an extraordinary legal remedy and it is the only legal remedy within the judicial system that allows the inspection of the cassation review conducted by the penal chambers of the Supreme Court of Cassation. The authority to appeal is important and necessary, as it enables the elimination of irregularities in the legal world and the increase of the organization of the Supreme Court of Cassation Chief Public Prosecutor’s Office. Providing the opportunity to appeal against the reversal decisions of the Criminal Chambers of the Court of Cassation does not harm the extraordinary nature of this remedy and but also contributes to the judicial economy. Based on the decision of the criminal chambers for approval, the defendant status is terminated. It cannot be considered that the cassation review will fall outside the scope of the right to a fair trial because the duty of the state to a fair trial continues and the right of the person concerned to obtain information and to express an opinion should be respected. Since it is thought that only serious applications will legitimize an extraordinary investigation, the reasons and justifications of the objection should be shown while applying for the objection authority, and these should be limited in terms of person and action. On the other hand, in line with the purpose of unity of case law, the relevant authority can conduct an investigation regardless of the reason and justifications indicated in the application.

Extraordinary legal remedy ~ appeal authority of the Chief Public Prosecutor of the Court of Cassation ~ extraordinary appear