Dismissal Of the Case Or Decision Of Non-Jurisdiction
If there is a previous judgement or a lawsuit filed against the same defendant for the same act, the court shall decide to dismiss the case. (Article 223/7 of the Code of Criminal Procedure) It does not matter whether the previous judgement was rendered in Turkey or in a foreign country. In both cases, the case shall be dismissed. Pursuant to Article 223/7 of the Code of Criminal Procedure;
Due to the same act,
About the same defendant,
If there is a prior final judgement or a lawsuit filed, the case shall be dismissed.
In order to decide to dismiss the case under Article 223/7 of the Code of Criminal Procedure, there must be 2 cases. The first one must be a previously filed lawsuit or a judgement. The second one is a case filed later. The dismissal decision is given for the second case.
Procedure in the decision to dismiss the case is as follows; firstly, the case file that has been decided or is pending must be requested and examined. (First case) If it is concluded that the accused and the act of both files are the same as a result of the examination of the file brought, a decision to dismiss the case is made for the second case in accordance with CPC 223/7.
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If the court, at the beginning or at any stage of the proceedings, determines that the prosecution of the act for which the defendant is sought to be punished is not within its jurisdiction and is within the jurisdiction of another authority within the judicial jurisdiction or another court outside the judicial jurisdiction, it shall issue a decision of non-jurisdiction. According to Article 5 of the Code of Criminal Procedure, the court shall ex officio examine and decide whether it has jurisdiction at every stage of the prosecution phase.
The court may issue two types of decisions on lack of jurisdiction, the first of which is the decision on lack of jurisdiction issued on the grounds that another court within the judicial jurisdiction has jurisdiction. Since these decisions are not final judgements, they are not listed among the provisions in Article 223 of the Code of Criminal Procedure; therefore, the decisions of lack of jurisdiction rendered for the courts within the judicial jurisdiction are subject to objection pursuant to Article 5/2 of the Code of Criminal Procedure, and the way of appeal against these decisions is closed.
On the other hand, the court’s decisions of lack of jurisdiction, which are rendered on the grounds that another jurisdiction other than the judicial jurisdiction has jurisdiction, are considered as judgements pursuant to Article 223/10 of the Code of Criminal Procedure and are therefore subject to appeal. For example, the court’s decisions of lack of jurisdiction based on the assumption that the administrative judiciary or the Constitutional Court has jurisdiction are of this kind.
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