What Is The Verdict That There Is No Need For Prosecution?
The decision on the absence of a place for prosecution is made by the Public Prosecutor at the end of the investigation phase if there is insufficient evidence to create sufficient doubt for the opening of a public case or if there is no possibility of prosecution. Prosecution is a court process that begins with the adoption of an indictment. The person who has been decided that there is no place for prosecution will be dismissed as a suspect and the investigation file filed against him will be closed. In this case, the investigation phase ends before a lawsuit is filed against the person. When it is decided that there is no room for prosecution, the decision is notified to the person who has been harmed by the crime and to the suspect in the investigation file.
What Is The Non Prosecution Decision?
The non-prosecution decision means the same as the decision that there is no room for prosecution. The term non-follow-up was used in the CUMK, which is the amended law. For this reason, the decision that there is no place for prosecution among the people is known as the “decision followment decision”.
In What Cases Is The Decision Made That There Is No Need For Prosecution?
Cases where a decision can be made that there is no room for prosecution CMK 172/1. it is described in the article. This haller;
-Failure to obtain evidence that would create sufficient doubt,
-There is no possibility of prosecution.
Failure To Obtain Evidence That Will Create Sufficient Doubt:
Sufficient suspicion exists if, as a result of the available evidence, the suspect is more likely to be convicted than he is more likely to be acquitted. While the presence of a simple suspicion is sufficient at the investigation stage, the presence of sufficient suspects is necessary to proceed to the prosecution stage. In this case, only if there is sufficient doubt that the suspect has committed the crime, an indictment will be issued by the public prosecutor and the prosecution stage can be started. As such, if there is not enough evidence to raise sufficient suspicion that the suspect has committed a crime, the prosecutor will make a decision on non-prosecution (KYOK).
Absence Of The Possibility Of Prosecution :
The fact that there is no possibility of prosecution is that there are no conditions for reasoning. In this case, even if there are enough suspects for the commission of the crime by the suspect, there will be no possibility of prosecution if the terms of reasoning are not available, and it will be decided that there is no room for prosecution against the person. The cases where there is no possibility of prosecution are as follows;
Absence Of Complaints:
Investigation and prosecution of certain crimes in criminal law depends on the complaint. If these crimes are committed, a complaint is required to initiate an investigation and proceed to the prosecution stage. For example, if the suspect commits an offense of defamation, the pursuit of which depends on the complaint, if the offender has abandoned his complaint or has not filed his complaint within a 6-month complaint period, it is decided that there is no room for prosecution.
The Statute Of Limitations For The Case Has Expired:
If no case has been filed within the statute of limitations since the date of the crime, or if the case has not been filed within the statute of limitations period, the criminal case is dropped if the case has not been terminated within the statute of limitations period. If the case is under investigation, the prosecutor’s office decides that there is no room for prosecution if the statute of limitations has expired.
In the law, a complaint period of 6 months has been set for crimes whose investigation and prosecution depend on the complaint. In this case, the victim must exercise his right to complain within 6 months of learning about the act and the perpetrator. For example, the TCK m of the person who has been harmed by the crime.when a complaint is filed after a period of 6 months has elapsed since the theft offense contained in 141 has been committed and the perpetrator has learned, it is decided that there is no room for prosecution against the suspect because the complaint period has expired by law.
Age-Related Disability:
It is stated in the law that children under the age of 12 do not have criminal licenses. In this case, if a child under the age of 12 commits a crime, a decision of non-prosecution will be made against him, since there is no possibility of prosecution.
Forgiveness Of Crime:
Forgiveness of the crime is raised in the case of issuing a general amnesty and a special amnesty. In case of general amnesty, the prosecutor’s office investigations being carried out are concluded with a decision of non-prosecution. In the case of a private amnesty, a decision on non-prosecution may be made, or a public lawsuit may be filed if there are certain conditions.
The Absence Of A Suspect’s Criminal License:
TCK m.due to the mental illness regulated in 32/1, no punishment is imposed on a person who is unable to perceive the legal meaning and consequences of the act he has committed or whose ability to direct his behavior in relation to this act has been significantly reduced. In this case, it is decided that if a person with a mental illness commits a crime, there is no place for prosecution by the prosecutor’s office.