Akademik Veri Yönetim Sistemi
ISTANBUL HUKUK MECMUASI, sa.3, 2023 (ESCI)
This study deals with the decision regarding no need for an investigation as regulated in Article 158.f.6 of the Turkish Criminal Procedure Code (CPC). The regulation regarding the decision to not conduct an investigation (SYOK) gives the public prosecutor the authority to decide that no need exists for an investigation, with the exceptions of opening an investigation or making a decision that no need exists for prosecution due to the conditions of investigation not being met. However, when a perpetrator commits a crime, a punitive relationship emerges between the perpetrator and the state. For this reason, the prosecutor's office is under the obligation to investigate news of a crime as soon as it is uncovered. This regulation gives prosecutors the authority to decide that no need exists for an investigation in the presence of certain conditions regarding the notice or complaint made to them and undoubtedly has rearranged the conditions under which the obligation to investigate emerges in Turkish law. Therefore, the study uses the literature review method to examine the changes to the principle of obligation to investigate in Turkish law through the decision that no need exists for an investigation. For this purpose, the study first emphasizes how the conditions the regulation requires in order to be able to make a decision not to investigate underline the fact that the act that is subject to notice and complaint does not constitute a crime is to be clearly understood without the need for any research, or that the notice and complaint are abstract and general in nature. The study then uses various concrete examples to discuss the situations in which these conditions are able to find areas of application. The study goes on to discuss the legal consequences of the decision and the legal remedies that can be applied in the face of such a decision. The study makes comparisons with the regulations that occur in German law regarding the principle of the obligation to investigate and offers suggestions regarding how the issue should be regulated in order to protect the right to not be labelled a criminal.