What is Dismissal of a Case in Criminal Proceedings?

In criminal proceedings, the term "dismissal of a case" refers to the termination of a criminal case under specific conditions. Article 223, paragraph 8 of the Turkish Criminal Procedure Code No. 5271 regulates the reasons and conditions for dismissal: "If the grounds for dismissal specified in the Turkish Penal Code exist, or if it is determined that the conditions for investigation or prosecution have not been met, a decision is made to dismiss the case. However, if the investigation or prosecution is subject to a specific condition and this condition has not yet been met, a decision is made to suspend the proceedings pending its fulfillment. This decision may be appealed." In this article, we will explain the concept of dismissal of a case in criminal proceedings.

Criminal courts, unlike civil courts, act ex officio and their decisions can be shaped independently of the parties' will. The types of judgments given in criminal proceedings are as follows:

– Acquittal
– Conviction
– Decision that there is no basis for punishment
– ​​Dismissal of the case
– Decision to impose a security measure
– Decision to drop the case

A decision to dismiss a case, unlike the other types of judgments mentioned above, can be made at any stage of the proceedings. Depending on the grounds for dismissal, it is understood that this decision must be made at any stage of the proceedings. Generally, a case is dismissed if the grounds for dismissal specified in the Turkish Penal Code are met, or if the conditions for investigation or prosecution are not fulfilled.

A case is dismissed in three main situations:

1. Existence of Grounds for Dismissal as Specified in the Turkish Penal Code: The existence of grounds for dismissal as stipulated in the Turkish Penal Code will result in the dismissal of the case.

2. Failure to Meet the Conditions for Investigation or Prosecution: If the conditions for investigation or prosecution, considered as prerequisites for criminal procedure, are not met, the case is dismissed.

3. Failure to Meet Requirements Stipulated in Special Laws: If the investigation requirements stipulated in certain special laws are not met, the case will be dismissed.

For example, according to Law No. 4483, permission to investigate is required before a criminal investigation can be conducted against civil servants. If permission is not granted, this leads to the dismissal of the case. If the continuation of a criminal case is subject to certain conditions, the case is dismissed if these conditions are not met.

According to the Turkish Penal Code, some situations that lead to the dismissal of a case are as follows:

– Death of the Defendant (Turkish Penal Code Article 64): The death of the defendant results in the dismissal of the public prosecution. However, the case may continue for confiscated goods and material benefits, and a confiscation order may be issued regarding them.

– General Amnesty (Turkish Penal Code Article 65): In the case of a general amnesty, the public prosecution is dropped and the imposed sentences are annulled. These provisions do not apply in the case of a special amnesty.

– Statute of Limitations (Turkish Penal Code Article 66): The public prosecution is terminated upon the expiration of the statute of limitations. The statute of limitations comes into effect when a certain period of time has passed since the date the crime was committed, and the case has not been filed or concluded.

– Withdrawal of Complaint (Turkish Penal Code Article 73/4): In offenses dependent on a complaint, if the victim or the person harmed by the crime withdraws the complaint, the case is dismissed; however, withdrawal after the judgment has become final does not prevent the execution of the sentence.

– Prepayment (Turkish Penal Code Article 75): When prepayment is made, the public prosecution is dropped. Prepayment applies to offenses involving a judicial fine or where the maximum prison sentence does not exceed 6 months.

– Reconciliation (Article 253 of the Code of Criminal Procedure): When reconciliation is reached in a criminal case, the public prosecution is dropped. Reconciliation is a process in which the victim and the perpetrator of the crime reach an agreement with the assistance of a mediator.

Appeal, Review, and Cassation Applications Against the Decision to Dismiss the Case

Since a decision to dismiss a case is considered a type of judgment in criminal proceedings, there are specific avenues for appeal against this decision. However, an objection cannot be filed against a dismissal of case. Instead, an appeal to the Court of Cassation or a cassation appeal can be filed.

– Appeal Application: An appeal is a legal remedy that reviews conviction decisions both factually and legally. An appeal can be filed against a decision to dismiss the case. The appellate court evaluates the local court's decision in terms of its legality.

– Appeal Application: An appeal is a legal remedy that re-examines the legal aspects of the decisions of the appellate court. However, an appeal cannot be filed against a decision to dismiss a case. Appeals can only be filed against the decisions of the appellate court (Code of Criminal Procedure, Article 286/2-g).

Therefore, while it is not possible to appeal or file a cassation appeal against the decision to dismiss the case, it is possible to file an appeal to the appellate court.