Due to the same act, if there is a previous judgment or a lawsuit filed for the same defendant, the court decides to dismiss the case. (CMK 223/7. article) It does not matter whether the sentence previously given for the accused was given in Turkey or in a foreign country. In both cases, the dismissal of the case is decided. CMK 223/7. in accordance with the article;
Due to the same verb,
About the same defendant,
If there is a definite verdict or a lawsuit filed in advance, the dismissal of the case is decided.
CMK 223/7. there must be 2 cases in order for the dismissal of the case to be decided within the scope of the article. The first must be a previously filed lawsuit or a judgment issued. The second is the case that was opened later. The refusal decision is made for the second case.
The procedure for the decision to dismiss the case is as follows; first of all, the decided or pending case file should be requested and examined. (First case) If, as a result of the examination of the file brought, it is concluded that the accused and the actual of both files are the same, a decision is made to dismiss the case in the second case in accordance with CMK 223/7.
When the Court determines that the trial of the act for which the defendant is wanted to be punished is not within its duty at the beginning or at any stage of the trial it conducts, it is within the duty of another authority within the judicial jurisdiction or another court other than the judicial jurisdiction, it will make a decision of dismissal from duty. 5 of the CMK. according to the article, the court shall examine and decide ex officio at each stage of the prosecution whether he is an official or not.
The Court may make two types of dismissal decisions, the first of which is the dismissal decision made by betting that another court is in judicial jurisdiction. Since these decisions are not final decisions, CMK’s 223. it is not counted among the provisions in the Article, therefore, the Decisiveness decision given in respect of the courts within the judicial jurisdiction is 5/2 of the CMK. it is subject to appeal in accordance with its article, the way of appeal against these decisions is closed.
The court’s decisions of dismissal, made by betting that another judicial branch other than the judicial judiciary is in charge, are 223/10 of the CMK. in accordance with its article, the verdict was counted, and therefore it was subject to appeal. For example, the decisions of the court, the administrative judiciary or the Constitutional Court on dismissal from office, which are made by betting that they are in charge, are in this way.
You can reach our other articles, sample decisions and petitions by clicking here