Appeal against the Decision of No Grounds for Prosecution

TO THE DUTY PEACE COURT JUDGE
OF ANKARA

OBJECTING PARTY (COMPLAINANT):
[Name Surname] (Turkish Republic Identity Number)
[Address]

ATTORNEY:
Attorney [Name Surname]
[Address]

AUTHORITY TO WHICH THE APPEAL IS MADE:
[Public Prosecutor's Office]

SUBJECT:
Our request for the annulment of the decision of no grounds for prosecution dated …/…/… and numbered …/….

EXPLANATIONS:

1. My client is a victim in an incident that occurred on [date] and filed a criminal complaint with the [public prosecutor's office] to protect their rights. However, the investigation was concluded without thoroughly examining all aspects of the incident and without properly evaluating the evidence; a decision of no grounds for prosecution was issued.
2. The decision in question is unlawful due to incomplete and inadequate investigation during the inquiry phase. Specifically:
   • Although the camera footage recorded on [date] and clearly showing the moment the incident occurred is included in the file, it has not been examined in any way.
   • The statements given by the witness, ..., clearly indicate that the crime was committed. However, these statements were disregarded, and the witness was not questioned again to shed light on the incident.
   • Although the written documents and supporting evidence submitted by my client were in the file, they had no effect on the decision and were disregarded.
3. The failure to adequately collect evidence and examine all aspects of the incident during the investigation phase clearly demonstrates the procedural and legal irregularities in the decision to dismiss the case. We believe that, in order to remedy our client's suffering and fully clarify the incident, the incomplete investigation must be completed and a lawsuit filed.
4. Maintaining public order and bringing the perpetrators of the crime to justice are crucial for the administration of justice. In order to protect my client's rights, it has become necessary to overturn the decision of no prosecution.

EVIDENCE:

• Camera recordings,
• Witness statements,
• The documents submitted by my client,
• Other documents in the investigation file,
• All kinds of legal evidence.

LEGAL GROUNDS:
Article 173 of the Code of Criminal Procedure No. 5271 and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons explained above;

1. ...the decision of the Public Prosecutor's Office dated .../.../... and numbered .../... regarding no grounds for prosecution is hereby annulled and removed
2. I respectfully request and demand that the incomplete investigation be completed and a decision be made to initiate a public prosecution
   

Date: …/…/…
Objecting Party's Attorney
: [Name and Surname]
Signature