In the event that there are reasons for the fall provided for in the Turkish Criminal Code or it is understood that the condition for investigation or prosecution will not be fulfilled, it is decided to drop the case. The decision to drop the case;
The death of the accused (TCK m.64)
Af (TCK m.65)
The statute of limitations for litigation (TCK m. 66)
the Statute of Limitations for punishment (TCK m.68)
Do not give up the complaint (TCK m.73/4)
Passing the complaint period (TCK m.73)
Pre-pay (TCK m.75/2 et seq.) are given in their case.
If it is understood that the investigation or prosecution has been made conditional and the condition has not yet been fulfilled; a decision to stop is made to wait for it to happen. This decision can be appealed. (CMK m.223/8) After the decision to stop, the trial continues with the disappearance of the reasoning obstacle that caused the stop.
However, decisions of dismissal of a judicial authority other than a judicial jurisdiction are also considered a verdict in terms of the legal way of appeal or appeal. (CMK 223/10. substance)
The decision to stop is made in cases where the investigation and prosecution are conditional and in cases where the condition has not yet occurred but there is a possibility that it will occur, in order to wait for the fulfillment of this condition. To explain this issue, the first issue necessary for a decision to stop to be made; the accused or the accused must be conditional on the possibility of conducting an investigation or prosecution for the crime thrown at them.
This situation is sometimes caused by the personality of the accused, and sometimes it is caused by the accusation thrown at the accused. We can count the prosecution and investigation conditions that require a decision to stop as permission or decision making, preliminary problem resolution and smuggling situation.
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