Dismissal of the Case or Decision of Non-jurisdiction
If there is a previous judgment or a lawsuit filed for the same defendant due to the same act, the court decides to reject the lawsuit. (Article 223/7 of the Code of Criminal Procedure) It does not matter whether the sentence previously rendered for the accused was rendered in Turkey or in a foreign country. In both cases, the case is dismissed. Criminal Procedure Code 223/7. in accordance with the article;
Because of the same verb,
about the same defendant.
If there is a definite verdict or a lawsuit filed beforehand, the lawsuit is dismissed.
Criminal Procedure Code 223/7. In order for the dismissal of the case to be decided within the scope of the article, there must be 2 cases. The first must be a lawsuit filed or a judgment given. The second is the lawsuit filed later. The rejection decision is given for the second case.
The procedure for the dismissal of the case is as follows; First of all, a settled or pending case file should be requested and examined. (First case) If, as a result of the examination of the brought file, it is concluded that the defendant and the act of both files are the same, a decision is made to reject the case for the second case in accordance with the Code of Criminal Procedure 223/7.
When the court determines, at the beginning or at any stage of its trial, that the trial of the act for which the accused is sought to be punished is not within its jurisdiction, it is within the jurisdiction of another authority within the judicial jurisdiction or of another court other than the judicial jurisdiction, it will render a decision of non-jurisdiction. According to Article 5 of the CMK, the court examines and decides ex officio whether it is in charge or not at every stage of the prosecution phase.
The court can give two types of non-jurisdiction decision, the first of which is the decision of non-jurisdiction given on the ground that another court within the judiciary is in charge. Since these decisions are not final decisions, they are not included among the provisions in Article 223 of the Code of Criminal Procedure. is subject to objection pursuant to the article, the appeal against these decisions is closed.
The decision of non-jurisdiction given by the court on the ground that another judicial branch other than the judicial branch is in charge is the Criminal Procedure Code 223/10. was deemed to be a judgment pursuant to Art. For example, the decisions of non-jurisdiction given by the court, the administrative judiciary or the Constitutional Court on the grounds that they are in charge are in this way.
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