Paylaş: What is a No Prosecution Decision?
The No Prosecution Decision, regulated by Article 172 of the Turkish Criminal Procedure Code, is issued by the prosecutor when there is insufficient evidence to file public charges or if prosecution is legally impossible. Commonly known as the "non-prosecution" or "dismissal" decision, it concludes the investigation phase.
Conditions for a No Prosecution Decision
Upon receiving a report of a crime, the prosecutor must conduct an effective investigation and cannot issue a no prosecution decision without due investigation. This decision may only be made if:
- There is insufficient evidence to establish probable cause for prosecution, or
- Prosecution is legally impossible due to specific conditions.
The decision is communicated to both the victim and the suspect, who must have previously been interrogated or questioned, with clear information on appeal rights, deadlines, and the appropriate court for filing an appeal.
What Happens After a No Prosecution Decision?
Following a no prosecution decision, a public trial cannot be initiated for the same act unless new evidence emerges that meets probable cause requirements and a criminal judge approves the reopening of the case. Furthermore, if the European Court of Human Rights (ECHR) finds that an investigation was inadequate, a new investigation may be initiated. The ECHR defines effective investigation criteria as follows:
- Independence and impartiality of the investigation
- Prompt and diligent collection of evidence
- Initiation of an official inquiry
If the ECHR confirms that an investigation was inadequate, or if the case is settled through a friendly solution, a new investigation may be requested within three months from the date of the decision.
Appeal Process for a No Prosecution Decision
The victim of the crime may appeal the no prosecution decision within 15 days from the date they are notified. This appeal is filed with the criminal judgeship of peace in the jurisdiction where the prosecutor who issued the decision operates. The appeal petition should clearly state the events and evidence that would warrant a public trial.
Appeal Proceedings
The criminal judgeship of peace may, if necessary, request further investigation from the chief prosecutor's office. If the judge concludes there is insufficient reason for prosecution, the appeal is denied, the appellant is ordered to cover costs, and the file is returned to the prosecutor. The prosecutor then notifies both the appellant and the suspect of the decision.
If the judge approves the appeal, the prosecutor drafts an indictment and submits it to the court. However, this article does not apply if the prosecutor has used discretion to refrain from initiating public charges.
If the appeal is denied, no further case can be filed for the same act unless new evidence is presented and approved by the judge of peace.
Conditions for Reopening the Investigation
Should the ECHR confirm that the no prosecution decision was issued without an effective investigation, or the case is resolved by friendly settlement, a new investigation may be requested within three months following the final decision.
Conclusion and Summary
The No Prosecution Decision is a procedural decision issued due to insufficient evidence or the legal impossibility of prosecution, effectively closing the investigation phase. However, the decision is open to appeal, and a new investigation may be pursued should new evidence emerge or the ECHR mandate further investigation.
This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.
