Extraordinary Remedies and Retrial
General information about cassation in the interest of law and retrial in Turkish criminal procedure.
Cassation in the interest of law
This mechanism addresses specified unlawful final decisions that were not examined through ordinary cassation. The competent authority and procedure are set by the Criminal Procedure Code.
Retrial
Retrial may be sought only on statutory grounds, such as certain new facts or evidence, defects affecting the basis of the judgment or qualifying human-rights findings.
Threshold review
The asserted ground must be matched to the statutory list and supported by material capable of affecting the judgment. Re-arguing evidence already assessed is generally not enough by itself.
Effect on enforcement
An extraordinary application does not necessarily suspend enforcement. Any request for interim effect must be considered under the specific rule governing the procedure.