Preperation of the public case in Turkish criminal procedure

With the law amendments since the date of 01/06/2005, when our Criminal Procedure Law No. 5271 came into force, radical changes and novelties have been brought to our criminal procedure law. Our study discusses the procedures to be followed and decisions to be taken by the Public Prosecutor in the light of the evidence gathered, who learned in various ways that the crime was committed during the investigation phase, and the conditions in which the "Decision on No Prosecution" can be given within the framework of discretionary power despite the existence of necessary and sufficient suspicion to open the public case if opening the case causes greater harm than the criminal's impunity, within the scope of the principle of compliance with the charge, which is the exception of the compulsory principle, which is the rule adopted by our criminal procedure, as well as the issues to be considered while preparing the indictment during the preparation of the public case, and the reasons for the return of the indictment, besides the ways to appeal against the return decision. In addition, in light of the Supreme Court decisions, the study also examines the cases that are not considered as reasons for the return of indictment as well as cases that are considered to be reasons for the return of indictment. Having become effective upon being published in the Official Gazette numbered 30928 on 24.10.2019 and named as the first judicial reform package in the public, the "Criminal Procedure Law and Law Amending Certain Laws" numbered 7188 has introduced our criminal procedure law with serial procedure and simple case proceedings; however, it has been stipulated that provisions of both proceedings will come into force on 01.01.2020 and will not apply due to crimes related to finalized judgements as of the effective date. In this context, the crimes to which the serial procedure can be applied, the situations that cannot be applied, the application conditions and the application process are also explained. In our opinion, the public prosecutor has to investigate whether the elements of the criminal offense have taken place according to the concrete case in the dispute that comes before him/her. Accordingly, the public prosecutor finds that the elements of the crime have been fully realized or thinks that the elements of the crime are not realized he/she will issue an indictment. However the public prosecutor is hesitant that the elements of the crime have not taken place or the provisions regarding discretion can be applied or that the lack of reasoning cannot be eliminated, he/she will make a "Decision on No Prosecution".