WHAT IS THE REASONED DECISION?
The reasoned decision is that they explain the matters stated in the indictment, facts, evidence, demands, the defense of the accused, the complaints of the complainant, and justify the legal grounds on which they base their verdict at the end of the trial in the criminal courts. It is a detailed decision explaining that they are based on the reasons.
In practice, courts generally explain the referral clause of their decision in the last session, in the form of a short decision, in the minutes of the hearing. The reasoned decision, on the other hand, is notified to the relevant parties by writing within the time determined by law, provided that it is not contrary to the short decision.
According to Article 141/3 of the Constitution, all kinds of decisions of the courts must be written with justification. In the decisions of the Supreme Court, the reason is; It is defined as the explanation of the grounds of the judgment in accordance with reason, law and material event. The justification must be valid, legal and sufficient, showing that the information and documents in the file have been evaluated on the spot. Making a decision in this way without relying on a justification would not be suitable for the purpose of the legislator.
WHAT IS THE REASONABLE DECISION IN THE COURT OF COURT?
HMK m. According to 297, which fall under the jurisdiction of civil courts; Decisions made as a result of lawsuits involving private law disputes such as compensation, divorce, inheritance, and receivables must be written with reasons. According to the Supreme Court, the mandatory elements that should be written in the reasoned decision are as follows;
– Summary of the claims and defenses of the two parties,
- Agreed and disagreed matters,
- Evidence collected on contentious issues,
– Discussing the evidence,
– Reasons for rejection and superiority,
– The fixed facts and the conclusion drawn from them,
– The legal reason must be clearly demonstrated.
WHAT IS THE REASONABLE DECISION OF THE CRIMINAL COURT?
The elements that should be included in the reasoned decision of the conviction in the proceedings falling within the jurisdiction of the criminal courts are included in Article 230 of the CCP;
– Allegation and defense, on which they are based, and what evidence is gathered by the court,
Discussion and evaluation of evidence and evidence rejected or favored and accepted as evidence and its reasons,
– The act of the accused that is considered to constitute a crime, its legal elements and characterization, the applicable law,
- Whether there are legal reasons for abolishing the penalty, for reasons that aggravate or mitigate the penalty, and the reasons for determining the basic penalty by accepting or rejecting the related requests,
– The grounds for the postponement of the sentence, its conversion to one of the measures, or the implementation of an additional security measure, or the acceptance or rejection of the requests on these issues will be shown.
In addition, in the decisions taken as a result of the criminal case, it is necessary to clearly indicate whether there is an opportunity to apply to legal remedies and to seek compensation at the end of the judgment, and if so, the duration, form and authority of the application.
WHAT DOES THE JUSTIFIED DECISION MEAN?
The phrase reasoned decision has been written means that the case has been concluded and the decision given by the court has been prepared with justification. It is possible to see the reasoned decision written statement in your inquiry about your file on e-government. When you see this statement, you can understand that the case you are on trial has reached the conclusion and the decision has been made. After the reasoned decision is written, it will be notified to the parties and the application period to legal remedies will start from the notification of the reasoned decision.
WHEN IS THE REASONED DECISION WRITTEN?
When the reasoned decision will be written depends on which court the case falls under its jurisdiction. In cases heard in criminal courts, a reasoned decision must be prepared within 15 days from the date of the verdict. In cases falling under the jurisdiction of civil courts, the preparation period for the reasoned decision is one month. This period is also determined as one month in administrative and tax courts.
WHEN WILL THE REASONABLE DECISION BE FINAL?
The finalization of the reasoned decision occurs in two ways.
-First, if no legal action is taken against the reasoned decision within the period defined in the law, the decision becomes final.
-Secondly, if a legal action is taken against the reasoned decision and the higher-level courts that make appeals and appeals find the verdict in accordance with the law and approve it, the decision becomes final.
