Objection To The Decision On Non-Prosecution
Objection means applying to the higher authority on the grounds that the non-prosecution decision issued by the Public Prosecutor’s Office is not appropriate. How and within what period of time to object to the decision on non-prosecution is included in the decision of non-prosecution and this decision is notified to the suspect and the injured party.
Article 173 of the Code of Criminal Procedure defines how the objection shall be made. Accordingly, the person injured by the offence may, within 15 days from the date of notification of the decision on non-prosecution, file an objection to the criminal judgeship of peace in the place where the heavy criminal court within the jurisdiction of the public prosecutor who issued this decision is located. The objection to the decision on non-prosecution must be made with a petition. In the objection petition, the events and evidence that may require the opening of a public case must be specified. Upon the objection, the Criminal Judgeship of Peace makes its final decision.
As a result of the objection, the Criminal Judgeship of Peace may reject the objection and state that the decision made by the prosecutor’s office is in accordance with the procedure and the law. However, if the objector’s grounds for objection are justified, it may accept the objection and request an extension of the investigation or decide to issue an indictment by the prosecutor’s office.
You can access our other article examples and petition examples by clicking here.