The Law does not include an explicit provision concerning the
appeal process of Board decisions imposing administrative fines.
However, it is accepted that criminal courts of peace are the
authorised courts under Law No. 5326 on Misdemeanours dated
30/3/2005 since the title of Article 18 of the Law is
“Misdemeanours,” and administrative fines are issued as
per Article 18 of the Law. With this in mind, decisions imposing
behavioural sanctions can be appealed before administrative courts.
This controversial issue is subject to discussions in practice and
among academicians.
Criminal courts of peace are first-instance courts in Turkey,
and their decisions are subject to review by other criminal courts
of peace, which are, again, first-instance courts. On the other
hand, once the appeal process before the criminal courts of peace
is completed, it is also possible to apply to the Turkish
Constitution Court.
