What does a decision of non-prosecution mean?
1- What does a decision of non-prosecution mean?
At the end of the investigation phase conducted by the public prosecutor, if sufficient evidence to establish suspicion for filing a public lawsuit cannot be obtained, or if there is no possibility of prosecution, a decision of non-prosecution is rendered. This decision is notified to the person harmed by the crime and the suspect. This decision may be appealed.
2- What does deferment of the announcement of the verdict (HAGB) mean?
If the sentence imposed at the end of the trial for the crime charged against the defendant is imprisonment of 2 years or less, or a judicial fine, the court may decide to defer the announcement of the verdict.
In order for a decision of deferment of the announcement of the verdict to be rendered, the following are required:
- The defendant must not have been previously convicted of an intentional crime,
- The court must reach the conviction that the defendant will not commit a crime again, taking into account the defendant's personality traits and their attitude and behavior during the trial,
- Any damage suffered by the victim or the public due to the commission of the crime must be fully compensated through restitution, restoration to the state prior to the crime, or indemnification,
are required.
If the defendant does not accept it, a decision of deferment of the announcement of the verdict shall not be rendered.
3- What does "forced appearance" mean?
A decision for forced appearance may be issued for a suspect or defendant for whom there are sufficient grounds to issue an arrest warrant or an apprehension order, or who has failed to appear despite being summoned.
The suspect or defendant summoned with a forced appearance order shall be brought before the summoning judge, court, or public prosecutor immediately or within 24 hours at the latest, and shall be interrogated or have their statement taken.
A forced appearance order may also be issued for witnesses, expert witnesses, victims, and complainants who fail to appear despite being summoned.
4- What are the judicial control measures?
- Not leaving one's residence
- Not leaving a specific residential area
- Not going to specified places or regions
- Travel ban (prohibition on leaving the country)
- Depositing one's weapon, if any, with the judicial depository
- Undergoing treatment for drug or alcohol addiction
- Being unable to exercise one's driver's license
- Regularly going to the police station to sign in within the periods determined by the judge
- Depositing a security amount determined by the judge, taking into account the suspect's financial situation
5- What does it mean to join a public lawsuit?
Victims, natural and legal persons harmed by the crime, and those liable for the damage can join the public lawsuit by declaring that they are complainants at any stage of the prosecution phase in the court of first instance until a verdict is rendered.
Joining occurs after the filing of the public lawsuit, either by submitting a petition to the court or by having the oral application containing the request to join recorded in the hearing minutes.
When the victim or the person harmed by the crime joins the lawsuit, in cases of sexual assault and crimes requiring a minimum sentence of more than 5 years of imprisonment, they may request the bar association to appoint an attorney for them.
If the victim or the person harmed by the crime is a child, deaf or mute, or mentally ill to the extent that they cannot defend themselves, no request is required for the appointment of an attorney.
6- According to the Criminal Procedure Code, who is called a "fugitive"?
A person who hides within the country or is located in a foreign country in order to ensure that the investigation or prosecution against them remains inconclusive, and who therefore cannot be reached by the public prosecutor or the court, is called a fugitive.
Prosecution can be conducted against a fugitive defendant. However, if they have not been interrogated previously, a conviction cannot be rendered. In cases where a hearing is held, if the fugitive defendant does not have defense counsel, the court requests the bar association to appoint an attorney.
7- In what cases is a "decision of no grounds for punishment" rendered?
- Minority, mental illness, or being deaf and mute,
- Committing the crime under the influence of force or threat,
- Exceeding the limits of legitimate defense due to excitement, fear, or panic,
- Falling into an error that eliminates culpability,
- Effective remorse,
- Existence of a personal exemption from punishment,
- Mutual insult,
- Low level of injustice content of the committed act,
in these cases, a decision of no grounds for punishment is rendered.