WHAT IS A DISMISSAL DECISION?
In Turkish Criminal Law, dismissal of the case is a type of
judgment given by the criminal court in the presence of the grounds for
dismissal stipulated in the Turkish Criminal Code or in cases where it is
understood that the condition of investigation or prosecution will not be
realized.
A decision of dismissal can be made at any stage of the
prosecution. There is no need to wait for the end of the trial like other types
of verdicts. A verdict of dismissal cannot be issued in cases where a verdict
of acquittal can be granted immediately.
Your lawyer can detect if there is a way to get a verdict of
dismissal for your case. If you want to pursue the case yourself without the
guidance of a criminal defense lawyer, there will be many details that you will
miss and omit and one of them may be one of the reasons for dismissal. That is
why it is best to contact an English-speaking criminal attorney as soon as
possible.
What are the Grounds for Dismissal?
In general, it is possible to decide to dismiss the case for
two reasons: the existence of the grounds for dismissal stipulated in the
Turkish Criminal Code and failure to fulfill the condition of investigation or
prosecution, which is characterized as a condition of criminal procedure.
In terms of the criminal case, the grounds for dismissal
under the Turkish Criminal Code are as follows:
- · Death of the Accused
- · General Amnesty
- · Statute of Limitations of Action
- · Waiver of Complaint
- · Prepayment Reconciliation
If there is an element in your case that meets the
conditions for dismissal, your English-speaking criminal lawyer will certainly
detect it.
This is intended for general informational purposes only and
not intended as a substitute for the advice and counsel of a criminal defense
attorney. If you want to contact an English-speaking criminal lawyer
in Istanbul for more information you can contact our office.