Constitutional Court Decision on the Time Limit for Submitting a Statement Against the Reasoned Judgment After the 15-Day Criminal Appeal Period

In the case subject to the Constitutional Court's decision dated 08/03/2023 with application number 2019/42687, a public case was filed against the applicant on the charge of intentional homicide, and he was convicted of killing a person with probable intent. The applicant appealed the decision through the legal remedy of appellate review. The appeal was examined and dismissed on the merits by the 2nd Criminal Chamber of the Ankara Regional Court of Justice. The applicant's counsel filed an appeal petition dated 05/11/2018 within the legal time limit from the announcement of the verdict. The reasoned decision was notified to the applicant’s counsel on 22/11/2018. The applicant's counsel submitted an additional petition stating the grounds for appeal to the Criminal Chamber on 05/12/2018. The Criminal Chamber of the Court of Cassation ruled to reject the appeal request on the grounds that the supplemental petition was not submitted within the 7-day legal period stipulated in Article 295 of the Criminal Procedure Code No. 5271, in accordance with Article 298 of the same law. In this case, the Constitutional Court ruled that the applicant's right to access to a court, protected under Article 36 of the Constitution, had been violated.