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Rejection of indicment in criminal process law

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2023
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Abstract (EN)

During the period of the Criminal Procedure Code No. 1412, an public claim was filed directly by the public prosecutors. There have been some victimizations as a result of incomplete research, especially in areas where the workload is intense. In order to prevent such negative consequences, the institution for the rejection of an indictment was established in the Criminal Procedure Code No. 5271. The rejection of the indictment has entered our legal literature along with many problems within its structure. The rejection of indictment caused great controversy between judges and prosecutors. The position of rejection of indictment in the criminal procedure, the principles to which it is subject, the limits of the reasons for rejection specified by the legislator have led to the emergence of different opinions in doctrine and judicial decisions. In addition, with the legalization of the "approving" authority of the chief public prosecutors, a new topic of discussion has emerged from the point of view of the institution. The main purpose of this research is to ensure that the rejection of indictment, which has become dysfunctional, especially with the decisions of the Supreme Court, is implemented in accordance with the purpose of the rejection institution's existence and to find answers to the questions needed to interpret the reasons for the return. In this study, the basic concepts of the indictment were explained and then the institution related to the extradition of the indictment was examined within the framework of the current law and the law that it should be. Thus, the answer was sought to the question of how the relevant institution can be applied more efficiently in accordance with its asset purpose. Keywords: Public case, indictment, rejection of indictment.

Author

Mehmet Hakan Çınar

How to Cite

Mehmet Hakan Çınar (Master Thesis). Rejection of indicment in criminal process law, 2023, Ankara Yıldırım Beyazıt University.

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