The public prosecutor's discretionary power in filing public claim

Law No. 5271 Turkish Criminal Procedure Code brought an important innovation to Turkish Law, with article 171, as it gives the public prosecutor the power of discretion in filing a public claim in exceptional situations. By the time Law No. 1412 Criminal Procedure Code was in force, this subject was supported deservedly by doctrine and lack of legal arrangement about this matter was criticized.The article 171 of Law No. 5271 Turkish Criminal Procedure Code gave the public prosecutor discretionary powers in cases which the requirements for the application of the provisions of effective remorse, that lift the punishment as a personal ground, or the provisions of personal impunity are present. But not enabling right of oppose against the public prosecutor?s desicion in this subject is a defect. In the article 171 (II) postponing of the filing of the public claim is mentioned. Here the particular point is that, in order to be able to render the decision on postponing of filing the public claim, the damage of victim or the public, which has been occured through the committed crime, must be recovered. In consequence legislator, as giving the public prosecutor discretionary powers in filing public claim, took into account not only suspect?s interest, and also victim?s.Under the present circumstances, these legal arrangements relating to the public prosecutor?s power of discretion in filing public claim, which are important newness, should be rendered more functional. Therefore these provisions? extent should be enlarged in paralel with continental law.