The Decision on Obviating Investigations (CPC Art. 158/6)
Through the provision in paragraph 6 of Article 158 of the Turkish Criminal Procedure Code (CPC), public prosecutors have the authority to issue the decision on obviating an investigation (DOOI), as clearly regulated in the Turkish legislation. This decision accepts that no investigation shall be co...
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| Format: | Article |
| Language: | deu |
| Published: |
Istanbul University Press
2022-06-01
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| Series: | Ceza Hukuku ve Kriminoloji Dergisi |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/C8DDAA7044834EF880EBF13FA42BD699 |
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| Summary: | Through the provision in paragraph 6 of Article 158 of the Turkish Criminal Procedure Code (CPC), public prosecutors have the authority to issue the decision on obviating an investigation (DOOI), as clearly regulated in the Turkish legislation. This decision accepts that no investigation shall be conducted regarding abstract, general, or non-criminal denunciations and complaints, thus preventing a person from being named a suspect and having protective measures applied against them. Article 158/6 of the CPC attempts to protect individuals’ right to a good reputation and seeks to ensure their legal security. The opportunity to object to a DOOI was additionally introduced to the denouncer and complainant in accordance with Article 173 of the CPC in order to prevent arbitrary behaviors from public prosecutors. The practice of recording all transactions and decisions made in the private system has been adopted, and these records can only be seen by a court, judge, and/or public prosecutor. This study will reveal the positive aspects and deficiencies of the introduced provisions and explain the criticisms regarding the doctrine and the approach of the practice to the case. |
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| ISSN: | 2602-3911 |