- 1 What is the Decision of Non-Prosecution?
- 2 DECISION OF NON-PROSECUTION IN WHICH CASES IS JUSTIFIABLE?
- 3 WHAT IS NONSUIT?
- 4 OBJECTION AGAINST DECISION OF NON-PROSECUTION
What is the Decision of
Non-prosecution is decided when public prosecutor cannot derive enough evidence to initiate a criminal case against suspect during the investigation or when there is no possibility for prosecution. The investigation file of the person that is given the decision of non-prosecution is closed. In the case of receiving a notification including the Decision of non-prosecution, you may understand that since the investigation file in which you are suspect is closed, any criminal case cannot be initiated against you.
DECISION OF NON-PROSECUTION IN WHICH CASES IS JUSTIFIABLE?
Decision of non-prosecution, in other words nonsuit means that filling an indictment will not be in questions due to out of touch on enough evidence and any type of criminal cases will not be initiated. Ex lege, decision of non-prosecution is given by two conditions;
- Out of touch on enough evidence
- Impossibility of prosecution
Decision of Non-prosecution Because of Missing out on Evidence for Enough Doubt
If evidence to take attention for doubt of suspicious does not subsist, prosecutor make a decision of non-prosecution. Exact need is to talk about enough evidence that evidences should be true and logical about committing crime by suspicious.
Decision of Non-prosecution Due to Impossibility of Prosecution
According to the 172nd article of Turkish Criminal Law, sufficient doubt is not enough solitary to initiate a public case. There should be some other conditions in addition to sufficient doubt. Trial conditions are like this;
- Absence of complaint
- Constant loss that belongs to suspicious of criminal capacity
- Being under age
- Scope of amnesty for crime
- Expiration of time bar
WHAT IS NONSUIT?
Decision of non-prosecution is also described as nonsuit too. Since this term is used by abolition Criminal Law, decision of non-prosecution is also known by “nonsuit” colloquially.
OBJECTION AGAINST DECISION OF NON-PROSECUTION
Objection against decision of non-prosecution by public prosecutor is legal. Nonsuit includes how you object against decision of non-prosecution and how much time you have. It is notified to suspicious and also sufferer. Objection against decision of non-prosecution should be made with a petition. Incidents and evidences that necessitate to initiate should be stated.
After decision of non-prosecution has been made, unless prosecutor obtain some new evidences to initiate a public case and in this respect, a decision is made by criminal course of peace, a public case cannot be initiated due to same actions. (2nd sub-article of 172nd article in Turkish Criminal Law)
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