Supreme Court rules defendants must be notified of evidence in protection order appeals

The Supreme Court ruled that lower courts must notify individuals appealing victim protection orders when litigation records and evidence have been filed, ensuring they have a chance to present a defense.

The decision came in a ruling on a re-appeal case involving victim protection measures under case number 2026Tu4.

The court interpreted Article 411, Paragraph 3 of the Criminal Procedure Act, which requires an appellate court to notify parties within five days of receiving records from the first-instance court. Although appellants are not obligated to submit a statement of grounds for appeal, the provision aims to give them an opportunity to submit reasons, express opinions, and provide favorable evidence.

Under the Special Act on Punishment of Domestic Violence Crimes, matters not separately specified for domestic protection cases follow the Criminal Procedure Act. The act further stipulates that appeals and re-appeals regarding victim protection orders apply the same provisions used for appeals in domestic protection cases.

The court held that notification is required to guarantee the right of defense for actors in victim protection order proceedings. Appellants in such cases must be informed that records and evidence have been received, just as in appeals concerning domestic protection dispositions.