Decision that there is no place investigation with the organization and investigation phase of the prosecution during the historical development period

With the Criminal Procedure Law No. 5271, the Public Prosecutor appears as a subject who manages the investigation at the beginning of the investigation. Pursuant to Article 160 of Law No. 5271, the Public Prosecutor is obliged to initiate an investigation as soon as he learns of the situation giving the impression of a crime. During the investigation of the situation that gives the impression of crime, the public prosecutor does not have unlimited investigative power. The investigative power is limited to the right to reveal the material truth and to a fair trial. One of the cornerstones of the right to a fair trial is the right not to be tainted. The right not to be tainted, in essence, is a right that guarantees the protection of the honor and dignity and spiritual existence of the person under suspicion of crime before the society and the public. At the point of protecting the right not to be tainted, the public prosecutor has an important duty as the person who manages the criminal investigation. Paragraph 6 was added to Article 158 of our Criminal Procedure Code, enacted by the Decree-Law No. 694 dated 15/08/2017 and enacted with the Statutory Decree No. 7078 dated 08/03/2018. With this regulation, a decision has entered our criminal procedure law stating that there is no place for investigation. With this decision, if it is clearly understood that the denunciations and complaints brought before the public prosecutors do not constitute a crime without any further investigation, or if the act is abstract and general, the person complained of will not be given the title of suspect. The decision that there is no place for an investigation, in this context, is of great importance in terms of protecting the right of individuals not to be tainted. Therefore, public prosecutors have a great responsibility to protect this right. In this regard, in the thesis, the emergence of the prosecutor's office in the historical process, the beginning of the investigation phase and some principles related to the investigation phase were examined within the framework of judicial decisions, the purpose of the decision not to investigate, its function principles, the examination of the right not to be tarnished, the relationship of the decision with similar institutions; The contribution of the decision to our criminal procedure law has been tried to be revealed.