Dismissal Or Suspension Of The Case
In case of the existence of the grounds for dismissal stipulated in the Turkish Criminal Code or in cases where it is understood that the condition of investigation or prosecution will not be fulfilled, a decision shall be made to dismiss the case. Decision to drop the case;
Death of the defendant (Article 64 of the TPC)
Amnesty (Article 65 of the Turkish Penal Code)
Statute of limitations (Art. 66 TPC)
criminal statute of limitations (Article 68 of the Turkish Penal Code)
Waiver of complaint (Article 73/4 of the TPC)
Exceeding the complaint period (Article 73 of the Turkish Penal Code)
In cases of prepayment (Article 75/2 et seq. of the TPC).
If the investigation or prosecution is conditional and it is understood that the condition has not yet been fulfilled, a decision of suspension shall be made to wait for its fulfilment. This decision may be appealed. (Article 223/8 of the Code of Criminal Procedure) After the decision to suspend, the proceedings shall continue with the removal of the obstacle to proceedings that caused the suspension.
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However, the decisions of a non-jurisdictional judicial authority other than the judicial jurisdiction shall also be deemed as a judgement in terms of the legal remedy of appeal or cassation (Article 223/10 of the Code of Criminal Procedure).
A stay shall be granted in cases where the investigation or prosecution is conditional and in cases where the condition has not yet been fulfilled but there is a possibility that it may be fulfilled, in order to wait for the fulfilment of this condition. In order to explain this matter, the first condition necessary for a stay order to be issued is that the investigation or prosecution of the offence charged against the accused or the defendant must be conditional.
Sometimes this condition stems from the personality of the accused, and sometimes it stems from the accusation attributed to the accused. The conditions of prosecution and investigation that require a stay decision can be counted as permission or decision, preliminary problem resolution and fugitive status.
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