This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Takipsizlik Kararı Geldi: İtiraz Süresi ve Sonrası.
A decision not to prosecute is not the end of the file. There is a fifteen-day period for objecting, running from service; and even if that period is missed, the file can be reopened on fresh evidence, because such a decision does not have the force of res judicata.
You complained, and months later a decision not to prosecute arrived. This article explains both routes.
What Does the Decision Mean?
At the end of an investigation the prosecutor takes one of two courses: bringing a public prosecution by indictment, or not bringing one. The second is a decision not to prosecute.
It is given principally where:
- no evidence has been obtained amounting to the sufficient suspicion needed to bring a prosecution
- the conduct is not defined as an offence by law
- the complaint period has passed or the complaint has been withdrawn
- the limitation period has expired
- a condition of prosecution has not been met
The decision is not proof that the person accused is innocent; it is a finding that there is not enough evidence to prosecute.
The Period for Objecting and the Forum
The decision is served on the complainant and on the suspect. The complainant may object within fifteen days of service, to the magistrate's court for criminal matters at the seat of the assize court in whose district the prosecutor serves.
The petition is filed with the chief public prosecutor's office that gave the decision and is forwarded from there. The period is a forfeiture period; if it is missed this route closes.
The petition should not object in general terms but show concretely which evidence was not obtained, or how the evidence obtained should have been assessed.
What Should the Objection Say?
Successful objections generally rest on one of these points:
- Evidence not obtained. Camera footage never requested, a witness never heard, telephone records never sought, bank movements never examined.
- Incomplete characterisation. The conduct also constituting another offence, which was overlooked.
- Misassessment of the evidence. The material actually being sufficient for the purposes of sufficient suspicion.
- An error in calculating the period. Showing that the complaint period had not in fact expired.
If the court finds the objection well founded it orders that a prosecution be brought, and the prosecutor must comply. If not, the objection is refused and that decision is final.
Fresh Evidence: The File Can Be Reopened
Even where the period has been missed or the objection refused, the route is not entirely closed. A decision not to prosecute does not have the force of res judicata.
Where fresh evidence emerges that would deprive the decision of its basis, and the limitation period has not expired, a new investigation may be opened by decision of the magistrate's court.
The test is genuinely new evidence; resubmitting the same material does not have that effect.
If the Objection Is Refused
The court's decision refusing an objection is final, and no ordinary appeal lies against it.
What remains to be considered:
- a request to reopen the investigation on fresh evidence
- where the conditions are met, an individual application to the Constitutional Court — particularly alleging a breach of the duty to conduct an effective investigation
- where the events have a civil dimension, a damages claim in the civil courts; the closing of the criminal file does not close that route
That last point is often overlooked: the standard of proof in criminal proceedings is not the standard applied in a civil case.
Before the Decision: Asking for Evidence to Be Obtained
Preventing the decision is more effective than objecting to it. A complainant need not stay passive while the investigation runs.
What can be requested from the prosecutor during the investigation:
- that camera footage be obtained from the institution concerned before it is overwritten
- that telephone communication records and cell site information be sought
- that bank account movements be obtained
- that witnesses be heard
- that an expert examination be carried out where necessary
These requests are made by petition citing the investigation number. Even if a request is refused, the petition stays on the file and provides the basis for saying later, on objection, that a particular item of evidence was asked for and never obtained.
Access to the file through a lawyer makes it possible to see what has been collected and to have the gaps filled in time.
The period runs not from the date the decision was made but from the date it was served on you. If you think a notification has not reached you, check the file's status on the judiciary portal; failing to notify a change of address is the commonest way this period is lost.