What is Dismissal of a Case?

What is Dismissal of a Case? | Izmir Criminal Lawyer

Dismissal of the Case within the Scope of Criminal Law

The Code of Criminal Procedure (CMK) stipulates that a judgment shall be rendered upon the conclusion of the trial. Article 223 of the Code regulates six different provisions, one of which is the dismissal of the case. If a trial has already been conducted and a judgment rendered regarding the crime in question, or if a case is currently ongoing, the court must decide to dismiss the case.

Law No. 5271 Code of Criminal Procedure

The end of the trial and the verdict.
Article 223 – (1) After the hearing is declared closed, a verdict is given. Acquittal, no penalty, conviction, imposition of security measures, dismissal of the case and termination of the case are verdicts… (7) If there is a previous verdict or a case opened for the same defendant for the same act, a decision is made to dismiss the case.

Article 4 of Protocol No. 7 to the European Convention on Human Rights

“"The right not to be tried and punished twice for the same crime."
1. No one shall be tried or convicted again under the procedural rules of the same state for an offence for which he or she has already been convicted or acquitted in accordance with the criminal procedure and law of that state.
2. The provisions of the preceding paragraph shall not prevent the reopening of a case in accordance with the criminal procedure and laws of the relevant State, in the presence of newly or recently discovered evidence or a material defect in previous proceedings which could affect the outcome of the case.
3. No measures contrary to the obligations envisaged in this article may be taken within the framework of Article 15 of the Convention.”

Circumstances in Which a Decision to Dismiss the Case Should Be Made

Having previously been convicted of the crime in question.

In cases where a verdict has already been given in a criminal trial, conducting a retrial and issuing a new verdict regarding the same offense would constitute a violation of the law and fundamental legal norms. This principle is also expressed in Latin as the "non bis in idem" principle, which can be stated as meaning that there cannot be two trials for the same offense.

The existence of another ongoing trial related to the crime in question.

According to the legal framework in our legal system, it is not possible to file another lawsuit regarding an act that is already pending (currently ongoing). Pending status can also be described as a negative prerequisite for a lawsuit. In other words, the existence of a pendency is absolutely necessary for the trial to proceed. (For detailed information...) What does "Derdest" mean?? )

Consequently, as detailed above, if a ruling has already been rendered on the matter or another ongoing trial is underway, the case should be dismissed.

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