The discretionary power of the public prosecutor

This study has been prepared to examine the discretionary power granted to the public prosecutor to initiate public prosecution after the investigation phase has been completed. As an exception to the principle of mandatory prosecution, Article 171 of the Criminal Procedure Code No. 5271 grants the public prosecutor discretionary power to initiate public action. If a crime has been committed and certain conditions are met, the public prosecutor may exercise discretion in determining whether or not to file a public case. Article 171/1 of the Criminal Procedure Code outlines the grounds for effective repentance and personal immunity from punishment, and attempts to explain the conditions under which the public prosecutor may exercise his or her discretionary power and the types of offences to which this applies. The article also addresses whether there is a right of appeal against decisions made by the public prosecutor within the scope of his or her discretionary power, the problems encountered in practice, and assessments of these issues. The principle of mandatory prosecution and the areas of application of the principle of expediency, which is an exception to this, i.e. the principle of discretion, are explained. Under the principle of mandatory prosecution, if the public prosecutor has sufficient grounds for suspicion, new institutions such as settlement, summary trial, advance payment, and postponement of public prosecution cannot be applied, or even if they are applied, the dispute cannot be resolved through these procedures. The scope of the discretionary power granted to the public prosecutor must be expanded to increase its applicability. Within the scope of the public prosecutor's discretionary power and through alternative solutions, offenders can be rehabilitated and victims can be compensated for their damages. This will ensure that investigations are concluded quickly and effectively, prevent an increasing workload, and reduce public harm.