WHAT IS A REASONED DECISION?
A reasoned decision, their verdict in the trial of the issues specified in the indictment in the criminal courts, the facts, evidence, claims, defendants, their defenses, their complaints, the complainants evaluate, and ultimately their provision, which have based their gerekcelendirere legal reasons explained, the claim of the plaintiff and the defendant in the court of law and the demands, which have based their provision of a detailed legal reasons for their decision.
In practice, the courts usually explain the referral clause of the decision they made at the last hearing by passing it to the hearing minutes in the form of a short decision. The reasoned decision is written within the period determined by law, provided that it does not contradict the short decision, and communicates it to the relevant parties.
Constitution m.according to 141/3, all kinds of decisions of courts must be written in reasoned form. In the decisions of the Supreme Court, the justification 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 in such a way as to indicate that the information and documents in the file have been evaluated on the spot. It will not be appropriate for the legislator to make a decision in this way without relying on a justification.
WHAT IS A REASONED DECISION IN A CIVIL COURT?
HMK m. according to Article 297, decisions made as a result of cases involving private law disputes such as compensation, divorce, inheritance, receivables that fall within the scope of the duties of civil courts must be written with justification. According to the Supreme Court, the mandatory elements that must be written in the reasoned decision are;
– Summary of the claims and defenses of the two sides,
– Issues with which they agree and do not agree,
– Evidence collected on contentious issues,
– Discussion of evidence,
– Reasons for refusal and exclusion,
–The conclusion drawn from them with cases that are considered fixed,
– It is necessary to clearly demonstrate the legal reason.
WHAT IS THE REASONED DECISION IN THE CRIMINAL COURT?
The elements that should be in the reasoned decision of the conviction decision in the proceedings within the scope of the criminal courts are the 230th CMK. it is included in the article;
– Claims and defense, what they are based on and what is the evidence collected by the court,
– Evidence and its causes, which are discussed, evaluated and rejected, or considered superior in terms of proving and accepted,
– The act that the accused is considered to constitute a crime, its legal elements and characterization, the article of the law to be applied,
-The reasons for aggravating and mitigating the punishment, whether there are legal reasons for abolishing the punishment, the reasons for determining the basic punishment by accepting or rejecting requests related to them,
– The grounds for postponing the punishment, changing it to one of the measures or applying october additional security measure or accepting or rejecting requests on these issues will be shown.
In addition, decisions taken as a result of a criminal case should clearly indicate whether there is an opportunity to resort to legal remedies and seek compensation at the end of the sentence, if there is an opportunity to apply, its duration, form and authority, if any.
WHAT DOES IT MEAN WHEN A REASONED DECISION IS WRITTEN?
The statement that a reasoned decision has been written indicates that the case has been concluded and that the decision issued by the court has been prepared on a reasoned basis. It is possible that you will be able to see the reasoned decision statement on the e-government during your inquiry about your file. When you see this statement, you can understand that the case you are being tried for has reached its conclusion and a decision has been made. After the reasoned decision has been written, the parties will be notified and the application period for legal remedies will begin from the notification of the reasoned decision.
WHEN IS THE REASONED DECISION WRITTEN?
The time when the reasoned decision will be written depends on which court the case falls under. In cases before criminal courts, it is necessary to prepare a reasoned decision within 15 days from the date of the provision. In cases that fall within the scope of the duties of civil courts, the period for preparing a reasoned decision is one month. In the administrative and tax courts, this period is also set as one month.
WHEN DOES THE REASONED DECISION BECOME FINAL?
The finalization of a reasoned decision occurs in two ways.
-Firstly, the decision becomes final if the legal method is not resorted to within the period defined in the law against the reasoned decision.
-secondly, the decision becomes final if the law is applied against the reasoned decision and the higher courts conducting the appeal and appeal review also approve the decision in accordance with the law.