What does "Dismissal of Case" mean in criminal proceedings?

In criminal proceedings, the term "dismissal of a case" refers to the disappearance of the subject matter of a case for specific reasons during the criminal procedure process. Within the framework of the Turkish Penal Code and the Code of Criminal Procedure, there are various situations that can lead to the dismissal of a case. Here are the details of this concept:

Dismissal of Case in Criminal Proceedings

Criminal proceedings, unlike civil proceedings, proceed ex officio, without being dependent on the will of the parties. In this context, various types of decisions are foreseen during criminal proceedings:

1. Acquittal: A verdict given when it cannot be proven that the defendant committed the crime.
2. Conviction: The verdict given when it is proven that the defendant committed the crime.
3. Decision that No Punishment is Necessary: ​​A decision stating that no crime was committed or that, for other reasons, no punishment should be imposed.
4. Dismissal of the Case: The case is not accepted for a specific reason.
5. Imposition of Security Measures: In addition to sentencing the defendant, security measures are imposed.
6. Dismissal of the Case: The termination of a case for specific reasons.

Dismissal of the case

Dismissal of a case can occur at any stage of the proceedings and generally takes place in the following situations:

1. Grounds for Dismissal as Stipulated in the Turkish Penal Code:
   • Death of the Defendant (Turkish Penal Code Article 64): In the event of the defendant's death, the public prosecution is dismissed. However, the case may continue regarding the confiscated goods.
   • General Amnesty (Turkish Penal Code Article 65): When a general amnesty is declared, the public prosecution is dropped and the imposed sentences are annulled.
   • Statute of Limitations for Prosecution (Turkish Penal Code Article 66): When the statute of limitations for prosecution expires, the public prosecution is terminated.
   • Withdrawal of Complaint (Turkish Penal Code Article 73/4): In crimes dependent on a complaint, the case is dismissed if the victim withdraws the complaint.
   • Prepayment (Turkish Penal Code Article 75): In cases where prepayment is made for a crime, the public prosecution is dismissed.
   • Settlement (Article 253 of the Code of Criminal Procedure): If a settlement is reached between the parties, the case is dismissed.
2. Failure to Meet the Conditions for Investigation or Prosecution: The case may also be dismissed if the conditions for investigation or prosecution are not met. For example, certain crimes may require special permits or documents, and failure to meet these conditions will result in the dismissal of the case.

Appeal Routes Against a Decision to Dismiss the Case

Decisions to dismiss a case are subject to specific appeal procedures:

• Appeal: An appeal can be filed against a decision to dismiss a case. An appeal is an application to a higher court after the local court, providing both factual and legal review.
• Appeal: An appeal is the legal review of the decisions of the appellate court. However, in criminal proceedings, an appeal cannot be filed against a decision to dismiss the case. Appeals are not possible for such decisions (CMK m.286/2-g).

Conclusion

In criminal proceedings, dismissal of a case means that certain legal situations and conditions are not met, or the case ends without a conclusion due to some legal reasons. This type of decision can be made at any stage of the proceedings and can be appealed through various avenues.