Individual Application to the Constitutional Court Against Decisions of Non-Prosecution

Individual application to the Constitutional Court against decisions of non-prosecution rendered pursuant to Article 172 of the Code of Criminal Procedure (CMK): This service involves filing an individual application with the Constitutional Court within the scope of the victim's right to an effective remedy and right of access to a court, in the event of the rejection of an objection lodged against a "decision of non-prosecution" issued by the public prosecutor's office. This application can be made after the process under Article 173 of the CMK has been exhausted, and it aims to re-establish justice.

Pursuant to Article 172 of the Code of Criminal Procedure, the issuance of a "decision of non-prosecution" (takipsizlik kararı) by the public prosecutor's office signifies the termination of the investigation process. The legal remedy available to the victim or the party harmed by the crime against this decision is the "objection" mechanism regulated under Article 173 of the CMK. Specifically, the victim may lodge an objection with the criminal judgeship of peace that rendered the decision, within fifteen days from the notification of the decision of non-prosecution. However, in the event that this objection is rejected, the possibility of filing an individual application with the Constitutional Court arises, within the scope of the victim's right to an effective remedy and right of access to a court.

The Constitutional Court regards the individual application as an extension of the right to an effective remedy and a guarantee of the victim's freedom to seek justice. Indeed, since there is no other ordinary legal remedy available after the rejection of an objection made pursuant to Article 173 of the CMK, filing an individual application is considered a require $_SERVER['DOCUMENT_ROOT'] . '/en/footer.php'; ?>