08 Jul ABATEMENT OR STOPING OF CASE
If there are reasons for the fall provided for in the Turkish Criminal Code, or if it is understood that the investigation or prosecution requirement will not be fulfilled, the case is decided to be dropped. The decision to drop the case;
The death of the accused (TCK m.64)
Af (TCK m.65)
The statute of limitations on the case (TCK m. 66)
the criminal Statute of Limitations (TCK m.68)
Renunciation of the complaint (TCK m.73/4)
Passing the complaint period (TCK m.73)
Pre-pay (TCK m.75/2 et seq.) is given in the following cases.
If it is understood that the investigation or prosecution has been made conditional and the condition has not yet been fulfilled; a decision is made to stop waiting for it to happen. This decision can be appealed. (CMK m.223/8) After the decision to stop, the trial continues with the disappearance of the reasoning obstacle that caused the stop.
However, decisions on non-duty for a judicial authority other than the judicial one are also considered to be a provision in terms of appeal or appeal by law. (CMK 223/10. substance)
The decision to stop is made to wait for the fulfillment of this condition in cases where the investigation and prosecution are conditional, and in cases where the condition has not yet been realized, but there is a possibility that it will happen. To explain this point, the first thing that is necessary to make a decision to stop is that it is conditional that an investigation or prosecution can be conducted on the accused or the accused about the crime that has been committed.
This situation is sometimes caused by the personality of the accused, and sometimes it is caused by the accusation thrown at the accused. We can consider the conditions of prosecution and investigation that require a decision to stop, obtaining permission or a decision, solving a preliminary problem and a case of smuggling.
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