In short
A decision that there is no ground for prosecution, notified to a suspect whose statement was taken, does not mean the file closed of itself and without a condition. Non-prosecution, in everyday language, is the name of this decision. The decision is not a judgment of acquittal. New evidence and the going of the person harmed by the offence to the criminal judgeship of peace are separate doors. The items of the objection petition are not recounted in this article.
The upper block of the decision paper
The institution line stands at the top of the paper in your hand. The line carries the name of the chief public prosecutor's office that gave the decision. Under the name, the investigation number and the decision number are written in separate columns. The two columns are not read in each other's place. If one is blank, the blank column is not filled with the other number. The date is the day the decision was given. If the date line is blank, the day on the envelope is not taken as the date of the decision.
The identity block shows the suspect's name and the identity information printed on the paper. A column that was printed incomplete is not completed. The short account of the act stands under this block, or in a separate paragraph. The account writes the place, the time, and the act with the prosecutor's sentence. A scene you remember does not fill a date that was left blank. If more than one act stands one under the other, each line is its own sentence. If the lines are not tied to a single event, the tie is not built outside the paper.
In an investigation carried out in Ankara as well, the authority is the prosecution office or the court in the heading of the paper. If another province's name is written at the top, the act is according to that heading. If it was said orally that the file is somewhere else, this word does not change the institution in the heading.
The decision paragraph ends with the sentence that there is no ground for prosecution. This sentence writes that the public action was not filed at the end of this investigation. The sentence does not find that the act was not committed. The sentence is not a court judgment either. The signature is the signature of the prosecutor who gave the decision. If the signature line is blank, it is not completed as if a signature existed. The seal does not hold the place of the signature. A signature without a seal cannot be treated as absent either. What is read is the mark that stands on the paper.
The two separate sentences of the reasoning
The public prosecutor may decide, under article 172 of the Criminal Procedure Code, at the end of the investigation, that there is no ground for prosecution. The first case is that evidence that would form sufficient suspicion for a public action could not be obtained. The second case is that there is no possibility of prosecution. Which case is written in the reasoning section is read from the sentence of that section. If the two were not both written, the reader does not join them as if both existed. The sentence that the evidence was not seen as sufficient and the sentence that there is no possibility of prosecution may give rise to the same result. Even so, if one is on the paper, the other is not added.
A breakdown of the evidence may stand inside the reasoning. The breakdown counts the name of the statement, the minutes, or the document. A record that was not counted is not treated as added to the reasoning later. If the statement minutes appear on the list, this does not mean the statement built the decision. What was asked in the minutes stands under before giving a statement. Through which channel the complaint was opened is in the article I was complained of. The two are not read as the closing condition of the non-prosecution. The existence of the complaint petition does not erase the evidence sentence in the reasoning. The reasoning does not mean the complaint was never made either.
A reasoning that appears favourable is not read as a judgment of acquittal. An acquittal is the judgment given at the end of the trial. Non-prosecution is the decision given at the end of the investigation. What the judgment means is in the article a judgment of acquittal. The favourable sentence is not pasted in the place of that judgment. A finding that "the offence was not committed" is not looked for in the decision. If there is no such sentence, the sentence is not added.
The service annotation and the notification sentence
The decision is notified to the person harmed by the offence and to the suspect whose statement was taken before, or who was questioned. The notification sentence stands near the end of the decision. The sentence writes to whom it will be notified. News of "it came out for you too", said before the statement was taken, does not show that the notification was made. The notification is read from the piece of service.
The piece of service is the back of the decision, or a separate annotation. The date of service, the name of the person on whom it was served, and the signature, or the reason it was not served, are looked for in the annotation. If there is no date, the day of service is not added to this text. If there is no signature, it is not written as if a signature existed. If there is a line that it could not be served, that line is read. If there is no line, service is not treated as having been made, and it is not assumed that it was not made either. If the piece is not in hand, the piece is not produced. If the postal record and the annotation conflict, what is read is the difference of the two papers in hand. The difference is not closed with an oral account.
The right of objection, the period, and the authority are shown in the decision. The period is read from that line. If the line is blank, a day is not invented. Oral news does not stand in for the period line in the decision. If the name of the criminal judgeship of peace is written on the authority line, that name is read. If it is not written, the name of the authority is not completed from here. The name of the judgeship may not stand on the same line as the name of the prosecution office. The two institutions are read separately.
Article 173 of the Criminal Procedure Code is the objection of the person harmed by the offence. A number of days is not put into the account of this article. The period is written in the decision. The suspect does not read this article as the petition to set aside a decision that came out in his own favour.
Where the new evidence stands
New evidence is a record that would form sufficient suspicion coming out later. It is not a sentence attached to the back of the old decision. The record may be a document, minutes, or a statement that entered the file after the date of the decision. Whether the record is counted as new is read from the date that stands on the paper, or in the later correspondence. If there is no date, the record is not named as new evidence.
A public action on the same act is not filed of itself while there is no new evidence of this character. The evidence coming out does not turn the earlier decision into an acquittal. The evidence is not carried as the annex of the objection petition. If there is new evidence, the prosecution writing or the file record shows this record separately. If there is no writing, the sentence "something came out later" does not hold the place of the record. A rumour does not produce a document date.
Reading the evidence list in the old decision again does not produce new evidence. A second copy of the same statement is not a new record. If there is no new date on the copy, a date is not added. Minutes that stood in the file before the decision are not the new evidence of this heading, even if they were noticed later. The date of noticing does not stand in for the date the document was drawn up.
Whom the objection belongs to
The route of the criminal judgeship of peace is an objection. The party of the objection is the person harmed by the offence. The suspect does not write that petition against a decision that came out in his own favour. The party of the petition, and the place where the right is used, are in the article the rights of the victim. How the objection is taken to the authority written in the decision is under an objection to a decision of non-prosecution.
If the objection is accepted, the public action may come onto the agenda again. A refusal does not turn the non-prosecution into a judgment of acquittal. If the acceptance or the refusal is not in the decision in hand, a result is not assumed. If the suspect has only the decision of non-prosecution in hand, what is read is that decision. If the objection file stands separately, the two papers are not mixed. The objection decision is not treated as having erased the first decision by standing in for the decision of non-prosecution. The two decisions are read side by side with their own dates. If one of the dates is not there, that paper is not completed with the other's date.
If there is more than one person harmed by the offence, the notification is looked for separately for each. Service made on one is not read as the other's annotation. A person whose name is not written in the annotation is not treated as having received service. If the name is written, that name is not mixed with the suspect's name.
The record that remains in the suspect's hand
The suspect reads his own name, the short account of the act, the reasoning sentence, and the date of service separately. Oral news that "the file ended" does not stand in for these four lines. If one of the four lines is missing, the missing line is not completed with the other three. The gap stands as the state of the paper. If these four lines are together, the suspect sees which act and which reasoning the decision in his hand was tied to. If the act line and the reasoning line conflict, the conflict is not closed. Both are read as they are.
The order of the police, the summons, and the gathering of evidence is in the article how a prosecution investigation works. This text does not repeat that order. A decision that appears as if the investigation ended does not do away with every set of minutes at the police. If the minutes stand as an annex of the decision, those minutes are read with their own heading. The heading is not the heading of the decision of non-prosecution. The summons paper does not stand in for the decision either. "Suspect" being written in the summons does not mean the decision of non-prosecution never came out. The two papers stand with their own dates.
The decision does not close another investigation about the suspect. An act that is not written on the paper does not enter the scope of this decision. If another number was heard, that number is not joined with the number of this decision. The joining exists only if it is written on the paper. If there is no sentence of joining, each number stays in its own decision. The suspect does not recount this decision in his hand as the acquittal of another file.
Conclusion
Non-prosecution is an investigation decision notified to a suspect whose statement was taken. The upper block, the reasoning, the notification sentence, and the service annotation are read separately. The file is not treated as having closed of itself and without a condition. New evidence and the objection to the criminal judgeship of peace are kept separate. If the text of the decision and the piece of service stand together, the assessment is made once through contact. The general place of investigation decisions is the criminal law page. The basis is the provisions of articles 172 and 173 of the Criminal Procedure Code numbered 5271.