What is Dismissal of Case and Punishment? Circumstances that Eliminate Case and Punishment under the Turkish Penal Code
What is Dismissal of Case and Punishment? Circumstances that Eliminate Case and Punishment under the Turkish Penal Code
In criminal law, the mere allegation of a crime does not, in every case, guarantee a conviction or the execution of the sentence. The Turkish Penal Code allows for the dismissal of a public prosecution under certain legal circumstances, and for the annulment or discontinuation of the sentence in the event of a final conviction
The Fourth Section of the Turkish Penal Code No. 5237, titled "Dismissal of Case and Punishment," primarily regulates these institutions between Articles 64 and 75. Within this scope, institutions such as the death of the defendant or convict, general and special amnesty, statute of limitations for prosecution, statute of limitations for punishment, withdrawal of complaint, and prepayment are of significant importance.
1. What does "Case Dismissal" mean?
In criminal proceedings, "dismissal" does not mean the same thing as the defendant being found innocent. A dismissal decision is usually made when a legal reason arises that prevents the continuation of the trial.
Therefore, an acquittal and a dismissal are different things.
In an acquittal, the court may assess, for example, that the act was not committed by the defendant, that the elements of the crime were not present, or that the defendant lacked intent or negligence. In a dismissal decision, however, in most cases, a reason for dismissal prescribed by law is applied without the need for such an examination of the merits of the case.
From the perspective of the Code of Criminal Procedure, it is possible to decide to dismiss the case if it is determined that the conditions for investigation or prosecution have not been met, or if the grounds for dismissal stipulated in the Turkish Penal Code exist.
2. Dismissal of Public Prosecution in Case of the Defendant's Death
According to Article 64 of the Turkish Penal Code, if the defendant dies, the public prosecution is dismissed. The fundamental reason for this is the principle of the individuality of criminal responsibility.
Criminal liability does not pass to heirs. It is not possible for a person's children, spouse, or other heirs to be tried as defendants in a criminal case for a crime allegedly committed by that person.
However, the law makes an important exception here. If the items or material benefits are subject to confiscation by their nature, the case regarding their confiscation can continue even if the defendant has died.
What happens if the convict dies?
If the convict dies after the conviction becomes final;
- prison sentence
- judicial fine that has not yet been enforced
It disappears.
Conversely, it is possible to enforce provisions regarding confiscation and court costs that were finalized before the death.
Therefore, a distinction is made here the death of the defendant and the death of the convicted person in terms of legal consequences.
3. Dismissal of Case and Sentence in Case of General Amnesty
According to Article 65 of the Turkish Penal Code , in the event of a general amnesty, the public prosecution is dropped; and the imposed sentences are annulled with all their consequences.
General amnesty is one of the institutions with the most comprehensive consequences in terms of dropping charges and sentences.
In cases where there is no final conviction yet, the public prosecution is dropped for offenses covered by a general amnesty.
If the conviction becomes final, the sentence is then annulled with all its consequences.
The important point to note here is that the scope of the amnesty is determined according to the law enacted. Not every crime necessarily has to be included in the amnesty. The legislative body can exclude certain crimes from the scope of the amnesty.
4. What is a Special Amnesty?
General amnesty and special amnesty are different things.
As a result of the special amnesty pursuant to Article 65/2 of the Turkish Penal Code;
The prison sentence may be terminated, the duration of the sentence may be reduced, or the prison sentence may be converted into a fine.
However, a special pardon does not eliminate all the consequences of a conviction, unlike a general pardon.
Indeed, according to Article 65/3 of the Turkish Penal Code, the deprivations of rights associated with the punishment or specified in the judgment may continue despite a special pardon.
Because;
General amnesty is an institution that primarily affects the legal consequences of crime and conviction, while special amnesty affects the execution of the sentence.
5. Dismissal of Public Prosecution Due to Statute of Limitations
In criminal law, one of the most important grounds for dismissal is the statute of limitations.
The state's right to impose punishment for an unlimited period after a crime has been committed is not accepted. If the legally prescribed time limit expires, a public prosecution can no longer be initiated or continued.
According to Article 66 of the Turkish Penal Code, the general statutes of limitations for prosecution are as follows:
| The penalty prescribed for the crime | Statute of limitations for the case |
|---|---|
| Aggravated life imprisonment | 30 years |
| Life imprisonment | 25 years |
| Imprisonment of not less than 20 years | 20 years |
| More than 5 years and less than 20 years in prison | 15 years |
| Imprisonment for a period not exceeding 5 years or a judicial fine | 8 years |
When determining the statute of limitations , the upper limit of the penalty prescribed by law for the crime is generally taken into account. In cases of alternative penalties, imprisonment is considered as the basis for calculating the statute of limitations.
Example
If the penalty for a crime is "imprisonment from two to five years," then the upper limit of five years is generally applied, and the 8-year statute of limitations comes into play.
However, performing this calculation directly may not yield accurate results in every case. The aggravating circumstances of the crime, the age of the perpetrator, actions that interrupt the statute of limitations, or specific legal provisions must be examined separately.
6. Statute of Limitations in Cases Regarding Children
Article 66 of the Turkish Penal Code allows for shorter statutes of limitations for child offenders.
At the time he committed the act;
For children aged 12-15, half of the general statute of limitations periods apply
For children aged 15-18, it is two-thirds of the general duration
It is applied.
The age to be considered here is at the time the crime was committed, not the age at the time.
7. When Does the Statute of Limitations for a Lawsuit Begin?
The starting date of the statute of limitations varies depending on the nature of the crime.
According to Article 66/6 of the Turkish Penal Code, the statute of limitations generally applies as follows:
in completed crimes, the place where the crime was committed,
in attempted crimes, the last act was committed,
In continuous crimes, the interruption occurs,
in a chain of crimes, the last crime was committed
It starts operating from that date.
Therefore, considering only the "date of the event" may not be sufficient when calculating the statute of limitations.
Especially in cases of serial crimes, ongoing crimes, and attempted crimes, the starting date must also be determined.
8. Interruption of the Statute of Limitations for a Lawsuit
One of the most important aspects in calculating the statute of limitations is interruption.
According to Article 67 of the Turkish Penal Code, certain actions interrupt the statute of limitations for a lawsuit.
For example;
The taking of a statement or questioning of a suspect or defendant in the presence of the prosecutor,
an arrest warrant was issued for the defendant,
preparation of indictment,
conviction decision
These are among the actions that can interrupt the statute of limitations.
When the statute of limitations is interrupted, the period does not continue from where it left off; it starts running again.
However, the law does not allow for unlimited extensions. In case of interruption, the statute of limitations can be extended by a maximum of half.
For example
In cases where the normal statute of limitations for a crime is 8 years, if there are grounds for interruption, the maximum period is, as a rule:
8 years + 4 years = 12 years
it could be.
This is the calculation often referred to in criminal cases as "extended statute of limitations.".
9. Is the Statute of Limitations Considered by the Court Ex Officio?
Yes.
According to Article 72 of the Turkish Penal Code, the statute of limitations for prosecution and punishment applies ex officio.
Therefore, it is not necessary for the defendant to raise a "statute of limitations objection." The court must assess whether the statute of limitations has expired on its own initiative.
Furthermore, it is not possible for the suspect, defendant, or convict to waive this right by saying, "I do not want to benefit from the statute of limitations.".
In this respect, the statute of limitations is not simply a matter of defense, but rather a criminal law institution related to public order.
10. What is the Statute of Limitations for Criminal Cases?
The statute of limitations for litigation should not be confused with the statute of limitations for criminal offenses.
The statute of limitationsaffects the state's power to prosecute and punish during the period when no final sentence has yet been issued.
The statute of limitations for criminal penalties refers to the period within which a sentence can be enforced after a final conviction has been rendered.
According to Article 68 of the Turkish Penal Code, the statute of limitations for criminal penalties is basically as follows:
| The final sentence | Statute of limitations for criminal offenses |
|---|---|
| Aggravated life imprisonment | 40 years |
| For life | 30 years |
| 20 years or more in prison | 24 years |
| More than 5 years in prison | 20 years |
| Up to 5 years imprisonment and a fine | 10 years |
As a rule, the statute of limitations for criminal penalties begins to run from the date the judgment becomes final or the execution of the sentence is interrupted for any reason, and the remaining sentence is taken as the basis.
11. Interruption of the Statute of Limitations for Criminal Cases
Within the scope of Article 71 of the Turkish Penal Code;
The statute of limitations for criminal penalties is interrupted if the convict is served with a lawful summons for the purpose of enforcing the sentence, or if the convict is apprehended for this purpose.
In addition, under certain conditions, the commission of a new intentional crime by the convict may also interrupt the statute of limitations for the sentence.
Therefore, a simple assessment based on calendar calculations, such as "ten years have passed since the conviction, the sentence has automatically been dropped," is insufficient in most cases.
The dates of arrest, notification, commencement of execution, and interruption in the execution file should also be examined.
12. Dismissal of the Case in Case of Withdrawal of Complaint
In offenses subject to complaint, the victim's right to file a complaint can be decisive in determining the continuation of the criminal proceedings.
According to Article 73 of the Turkish Penal Code, as a rule, the right to file a complaint must be exercised within 6 months from the date the act and the perpetrator were learned .
In a crime that is prosecuted upon complaint, unless the law provides otherwise, the victim's withdrawal of the complaint may lead to the dismissal of the public prosecution
However, there is an important detail:
Withdrawing a complaint after the judgment has become final does not prevent the execution of the sentence.
Therefore, if the victim says "I am not complaining" after the conviction of the defendant has become final, this does not, as a rule, negate the finalized prison sentence or fine.
13. Acceptance of Withdrawal of Complaint by the Defendant
According to Article 73/6 of the Turkish Penal Code, unless otherwise stipulated in the law , withdrawal of a complaint does not affect the defendant who does not accept it.
This provision is particularly important for defendants who claim their innocence and seek an acquittal.
In some cases, the defendant may prefer that the trial continue and result in an acquittal, rather than the case being dismissed due to withdrawal of the complaint.
14. Does withdrawing a complaint against one defendant affect the other defendants?
According to Article 73 of the Turkish Penal Code, in crimes committed jointly and dependent on a complaint, withdrawal of a complaint against one of the defendants generally applies to the other defendants as well.
Because of this regulation, a victim's desire to withdraw their complaint only against specific defendants may not always yield the desired result.
15. Current Regulation Regarding the Complaint Period in Insult Crimes
With the amendment made to Article 73 of the Turkish Penal Code in 2024, an additional maximum time limit was introduced for defamation offenses that are subject to complaint.
Accordingly, the complaint period for defamation offenses cannot exceed two years.
The two-year period mentioned here should be distinguished from the statute of limitations in Article 66 of the Turkish Penal Code. This provision specifically limits the maximum period within which the right to file a complaint can be exercised
16. Non-Initiation or Dismissal of Public Prosecution Due to Prepayment
Prepayment , regulated in Article 75 of the Turkish Penal Code , is a special institution of criminal law that can resolve disputes in relatively minor offenses without the need for criminal proceedings.
Excluding offenses covered by reconciliation under the current regulations;
Prepayment may only be considered in cases involving offenses punishable by a fine or where the maximum prison sentence stipulated in the law does not exceed six months
If the amount stipulated by law and the investigation expenses are paid within the specified time frame during the investigation phase, a public prosecution will not be initiated.
If a lawsuit is filed without prepayment, or if the nature of the crime changes during the trial to one that falls within the scope of prepayment, the public prosecution may be dismissed upon receipt of the necessary payment.
17. Does a prepayment imply acquittal?
No.
The fact that a public prosecution is not initiated or is dismissed due to prepayment does not mean that the court has acquitted the defendant on the grounds that they "did not commit the act.".
However, prepayment is not a conviction in the classical sense.
This distinction is particularly important in terms of potential future legal proceedings, criminal record consequences, and the possibility of the same person committing another offence subject to pre-trial detention.
18. If the lawsuit is dismissed, does the compensation lawsuit also disappear?
No.
Article 74 of the Turkish Penal Code explicitly stipulates that the dismissal of a public prosecution does not affect private lawsuits filed for the purpose of recovering property or compensating for damages incurred.
For example, in an assault case, the criminal trial may have been dismissed due to the statute of limitations. This alone does not automatically eliminate the victim's right to claim material or moral damages.
Similarly, the fact that a public prosecution has not been initiated or has been dismissed due to prepayment does not eliminate personal claims. Article 75/5 of the Turkish Penal Code further protects this outcome.
19. Attention Should Be Paid to the Right to Compensation When Withdrawing a Complaint
The content of the statement withdrawing the complaint is extremely important in practice.
According to Article 73/7 of the Turkish Penal Code, if the public prosecution is dismissed due to withdrawal of the complaint, and the victim explicitly states that they are also waiving their personal rights when withdrawing, it may not be possible for them to file a lawsuit in a civil court later.
Therefore, in practice;
"I am withdrawing my complaint."
with
"I withdraw my complaint and all my material and moral rights and claims."
These statements do not produce the same legal result.
The scope of the waiver statement must be carefully drafted, especially in cases where a settlement or payment has been made between the parties.
20. Does the Dismissal of a Case or Sentence Affect Confiscation and Paid Fines?
According to Article 74 of the Turkish Penal Code, a general amnesty, a special amnesty, or withdrawal of a complaint does not automatically require the return of previously confiscated goods or paid fines.
Similarly, the reduction of the sentence does not, as a rule, eliminate provisions relating to personal rights, compensation, and court costs.
In the case of a general amnesty, the law also provides for an exception regarding court costs.
21. Are a "Dismissal Decision" and a "No Grounds for Punishment" Decision the Same Thing?
No.
In criminal proceedings, there are types of decisions that are similar but have different outcomes:
Acquittalmay be based on substantive grounds, such as the crime not having occurred or not being attributable to the defendant.
A decision not to impose a penaltymay be made even though the act constitutes a crime, due to reasons such as the victim's young age, mental illness, or other grounds for impunity.
A decision to dismiss a case is based on legal grounds that prevent the continuation of the proceedings, such as the disappearance of a prerequisite for filing a lawsuit, the statute of limitations, or the withdrawal of the complaint.
This distinction is particularly important in terms of legal remedies, compensation claims, and the subsequent legal consequences of the decision.
22. Under what circumstances can a criminal case be dismissed?
When the Turkish Penal Code and the criminal procedure system are considered together, the main reasons for dismissal are as follows:
Death of the defendant: The public prosecution is dropped.
General amnesty: Public prosecutions may be dropped and the consequences of convictions may be annulled.
Statute of limitations: The public prosecution is terminated when the statutory period expires.
Withdrawal of complaint: In offenses dependent on a complaint, the case is dismissed if the necessary conditions are met.
Prepayment: If the legal conditions are met and payment is made, a lawsuit may not be filed, or an existing lawsuit may be dismissed.
In addition, conciliation and specific provisions in certain special criminal codes may also lead to the termination of the case. Therefore, examining only Articles 64-75 of the Turkish Penal Code may not be sufficient in every criminal case.
23. What factors should be considered when calculating the statute of limitations for a lawsuit?
If a statute of limitations defense is to be raised in a criminal case, at least the following points should be considered together:
The date of the crime, the manner in which the crime was completed, any potentially applicable aggravating circumstances, the law in force at the time of the crime, the defendant's age at the time of the crime, the upper limit of the sentence prescribed for the crime, the reasons that suspend the statute of limitations, the actions that interrupt the statute of limitations, and the date of the last interruption.
Especially in long-running criminal cases, calculating only the time between the date of the crime and the present date can lead to inaccurate results.
Since the preparation of an indictment, interrogation, arrest, or conviction can interrupt the statute of limitations, the UYAP (National Judicial Network) file should be examined in chronological order.
24. Conclusion
In the Turkish Penal Code dismissal of a case and punishmentis one of the important institutions that result in the termination of criminal responsibility or the state's inability to exercise its power to punish and enforce sentences.
According to Article 64 and subsequent articles of the Turkish Penal Code, the death of the defendant or convict, general or special amnesty, statute of limitations for the case, statute of limitations for the penalty, withdrawal of complaint, and prepayment all produce different legal consequences under different conditions.
particularly dismissal of the case resulting in acquittal, the statute of limitations for prosecution versus the statute of limitations for punishment and the annulment of a final sentence through withdrawal of a complaint . While withdrawal of a complaint generally does not prevent the execution of a final sentence, the statute of limitations for prosecution takes effect during the trial phase; and the statute of limitations for punishment takes effect during the execution phase of a final conviction.
Therefore, in a specific criminal case, the answer to the question "will the case be dismissed?" depends not only on the date of the crime or whether the victim filed a complaint, but also on a comprehensive examination of the type of crime, the date of the crime, the amount of punishment, whether it is subject to complaint, the age of the defendant, the progress of the case, and any actions that interrupt the statute of limitations.
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