In short
The person harmed by the offence makes the objection to the criminal judgeship of peace after service of the decision of non-prosecution. KYOK is the short name of this decision. The time is written on the service annotation and in Article 173 of the Criminal Procedure Code; it starts to run from the day of service. This page does not put a number of days on that time. Acceptance of the objection does not build a judgment of conviction. The general course of an investigation is in the article on how a prosecutor's investigation runs. The frame of the capacities stands in the article on how a victim's rights are used.
What a decision of non-prosecution says
A decision of non-prosecution is the public prosecutor's result of not bringing a public action. Article 172 of the Criminal Procedure Code names this decision. The decision is not a judgment made after a hearing. It does not carry a sentence of acquittal or conviction. Speaking as if the file had closed does not mean a trial was held. The reasoning writes for which reason a prosecution was not opened. An objection built without reading the reasoning stays on the line "I do not agree".
The reasoning is built from two separate places. The first is the assessment that sufficient suspicion for a prosecution did not form. The second is the assessment that there was no possibility of a prosecution. Treating the complaint as absent, discontinuance, or mediation are examples of the second group. Which sentence was written changes the place the petition must answer. A third ground that is not written in the decision is not made the foundation of the objection.
The investigation number on the decision must be the same as the number on the petition. If the number is not in the file, a number is not produced. The date of the decision and the date of service are separate lines. The service annotation shows the day the paper reached the person harmed by the offence. If there is no annotation, the day is not completed from this page. A result said on the telephone does not take the place of the service slip. A record that appears on a screen is not written as the date of service if the service annotation does not stand. The screen image is kept. The date is read from the annotation.
The decision is served on the person whose name is written in the capacity of a person harmed by the offence. If your name is not on the annotation, you do not add yourself to the petition from this page. If service was received through a representative, the power of attorney and the service slip stand together. If there is no power of attorney, an objection is not built in someone else's name. If there is more than one person harmed by the offence, each person's objection depends on their own service. One person's petition does not open the examination of another who did not receive service.
Which authority the objection goes to
The objection is made to the criminal judgeship of peace, under Article 173 of the Criminal Procedure Code. The authority is the criminal judgeship of peace nearest to the heavy penal court in whose judicial district the public prosecutor who gave the decision serves. If there is an authority line on the decision that was served, the petition follows that line. This page does not choose a district or a court. A new complaint given to the prosecutor's office itself does not stand in for this objection.
The heading of the petition writes that it is an objection to the decision that was served. The investigation number, the date of the decision, and the service information stand in the heading. If the three are not in the file, the gap is not filled with a guessed date. The annexes are written as a separate list. If an annex is a paper found after the decision, which fact it shows is stated in a separate sentence. A note that changes the reasoning is not written in the margin of the copy of the decision. A photocopy does not change the sentence of the original text.
In the objection petition, the events and the evidence that could require a public action to be brought are shown. This showing is not renaming the article of the offence. If the event meets which sentence in the decision remained missing, that sentence is stated. The request is not that a penalty be given to the suspect. The request is the examination of the decision that was served. A line of a year of imprisonment or a fine is not written.
How the lack in the reasoning is shown
A sentence of "I do not agree" does not show a record that was never written in the reasoning. Three kinds of explanation are of use. The first is a concrete fact whose name does not pass in the reasoning. The second is a record that stands in the file and is thought to have been read wrongly. The third is a document that was asked to be collected and was not collected. If the three are melted in the same paragraph, which allegation will be examined is mixed.
If the reasoning rests on the absence of a complaint, the petition shows in which application the will to complain stands. If the date of the application and the receipt number are known, they are written. If they are not known, the authority that is known is written. A number is not invented. If the reasoning rests on the insufficiency of the evidence, the petition shows which record was not read, or which record was tied wrongly. The two reasonings are not put in each other's place.
Pasting the text of the decision as it is does not show the missing evidence. Changing the name of the offence in the petition does not stand in for the record that was not collected. Proposing a new characterisation carries meaning only if it is tied, with a concrete sentence, to why the fact in the decision should be read differently. An article number written without the tie being built does not strengthen the objection. A sentence of anger does not take the place of a record that was not read.
A request for evidence carries a place and a range
If a camera, a message, a health paper, or a workplace record is asked for, the kind of the document, who holds it, the place, and the time range are written. If there is no range, the request turns into a sentence that every record be brought. This sentence does not show the fact whose examination is wanted. If a witness is known, their name and what they saw are written. The word the witness will say is not prepared. The statement is built before the officer. A detail that is not remembered is not completed as if it were certain.
A document that is in hand is annexed. The writing on it is not changed. If the document meets a sentence in the reasoning, that sentence is stated. A record that is not yet in hand is not put on the list as if it were in hand. Entering someone else's account, telephone, or camera without permission is not gathering evidence. This route builds neither the objection nor the complaint.
If a health paper will be annexed, the text the institution gave stands. A diagnosis is not added to the paper. If a message will be annexed, the screen stands as it arrived. An explanation is not written on the message. The explanation is in a separate paragraph of the petition. If the original record is not in hand, where the copy that is in hand was taken from is written. The copy is not presented as the original record.
Acceptance does not build a judgment of conviction
The criminal judgeship of peace may ask, before deciding, that the investigation be widened. Widening is for the research that was seen as missing to be done. This interim decision does not mean the offence was proved. If the objection is accepted, the result arises that the prosecutor draws up an indictment. The indictment is the door of the prosecution. A conviction is built by a judgment in the prosecution. Acceptance does not determine the direction of the judgment in advance. Having been the subject of a complaint does not mean it will be accepted either.
If the objection is refused, the refusal is read from its own text. The reasoning of the refusal may show which explanation in the petition was not found sufficient. This page does not write a number of days for after the refusal. If a new fact has appeared later, which authority that fact will go to is read from the text of the refusal and from the stage of the file. Treating it as having appeared does not put the paper in the file. A petition that repeats the same reasoning does not bring the evidence that was not collected by itself.
The whole of the decision and the service annotation are put together in the objection file. If the reasoning is more than one page, a missing page is not added as if you had completed the sentence that was not read. If the date on the annotation and the date of the decision differ, both are written. The difference does not mean the time ran from the date of the decision. The time is left to the service annotation and to the text of Article 173 of the Criminal Procedure Code. If a representative gives the petition, the power of attorney is annexed. The signature of a relative whose name does not pass in the decision does not open the objection by itself. The client's signature and the representative's signature are not melted on the same line. Which of them is the person harmed by the offence stands in the heading.
A new complaint does not stand in for the objection
Telling the same event again to the police is not an objection to the decision that was served. The new account does not open an examination under Article 173 of the Criminal Procedure Code by itself. The objection petition carries the date and the numbers of the decision that was served. If the new complaint paper does not carry these numbers, it is not put in place of the objection. If the two papers were given on the same day, each is read from its own heading.
If the decision rests on mediation, the petition answers that reasoning. How mediation runs is in the article on what mediation is. A performance written on the mediation record is not made a subject of bargaining again in the objection petition. If the record stands, it is read from its text. If there is no record, mediation is not treated as having taken place. If the decision rests on withdrawal of the complaint, the petition shows which act and which person the withdrawal document was written for. If there is no document, the withdrawal is not completed inside the objection. If there is an allegation of pressure, it is written separately. The allegation does not erase the sentence of the document by itself.
Conclusion
After service of a decision of non-prosecution, the route of the person harmed by the offence is an objection to the criminal judgeship of peace. The petition shows the missing fact in the reasoning and the concrete evidence. The time is read from the service annotation and from Article 173 of the Criminal Procedure Code. Acceptance may open the door of an indictment. It does not build a judgment of conviction. The frame of the field is on the criminal law page. The contact route is open for a decision on which the service annotation stands. The basis is Articles 172 and 173 of the Criminal Procedure Code No. 5271.