Abstract :
Filing appeal against the court decisions is accepted as a right both in the international texts and in our legislation. In the Protocol 7 of European Convention on Human Rights, resorting to the legal ways is given as a right. However, accepted that the punishment can be increased against the applicant upon filing an appeal, defendants refrain from pursuing the legal procedures and maybe they abide by a punishment which they do not deserve. To overcome this disadvantaged point, in our country like many other countries, it is accepted that when a defendant files an appeal, the punishment cannot be increased against the defendant. The purpose of prohibition to change the decision against defendants or as commonly mentioned in literature “Reformatio in Peius” principle is to pave the way for the defendants so that they do not refrain from using their legal rights for filing an appeal for the fear that they shall be given more punishment. Although it has been applied for a long time in our country, the discussion regarding the scope of prohibition on changing against the applicant defendant and its field of application is still going on. In this study, after giving information regarding the prohibition of changing the decision against the applicant defendants and its legal base; the legal way in favour of applicant and determining the punishment, scope of the law and field of application are analysed, and at the end, some of our recommendations are given.
NaturalLanguageKeyword :
Prohibition on changing the decision against the applicant , reformatio in peius , legal remedy , appeal , punishment , security precautions , execute regime , suspending sentences of imprisonment , repeat offending.
