What is Prosecution – Process and KYOK Decision 2025

What is Prosecution – Process and KYOK Decision 2025. Criminal procedure is a complex process starting with a suspicion of crime. Reaching the concrete truth based on suspicion is the main goal. Two main phases exist in this process. The first is the investigation phase. Second is named the prosecution phase. The state’s power of criminal sanction is used through these phases. The correct application of legal rules is ensured. Prosecution is the stage where the trial is conducted before the court. It forms the basis of the right to a fair trial. The prosecution process is detailed in this article. Its functioning in our legal system is examined. Especially the decision of no need for prosecution is evaluated in detail.

What is Investigation and Prosecution and the Difference Between Them

Two different processes are specified in the criminal procedure law. These processes are defined as investigation and prosecution. This separation is critical for the healthy functioning of legal processes.

The Investigation Phase is Defined in Detail

Investigation formally starts with a crime report or suspicion. The main goal at this stage is the collection of evidence. The collected evidence may be against or in favor of the suspect. Preservation of evidence and preventing its loss is ensured. The identity information of the suspect is determined. All necessary procedures for clarifying the event are carried out. The investigation stage is conducted with the principle of confidentiality. This prevents the destruction of evidence. The public prosecutor is the authority of this phase. The prosecutor may also assign law enforcement units. Prosecutor makes an evaluation at the end of this process. A decision is made on whether there is sufficient suspicion to file a public lawsuit.

The Prosecution Phase is Defined in Detail

Prosecution starts as a result of the investigation. It begins with the court’s acceptance of the prepared indictment. Judicial activity is carried out in this phase. The trial process takes place in the courtroom. The suspect from the investigation now takes the name defendant. Whether the defendant committed the alleged crime is determined. Evidence is discussed before the court. Witnesses are heard, and cross-examination is conducted. The defendant’s right to defense is secured. Court panel delivers a verdict during this process. The prosecution stage is conducted with the principle of publicity. It is essential that the hearings are open to the public. The verdict is given according to the court’s conscientious opinion.

Fundamental Differences Between the Two Phases are Examined in Depth

The main difference is in how the process is carried out. The investigation phase is kept confidential. Authority belongs to the public prosecutor. Prosecution is conducted openly, however. The authorized body is independent courts. The purpose in the investigation is evidence collection and evaluation. In the prosecution, it is the discussion of the collected evidence and the delivery of a verdict. The title of suspect is used in the investigation. The title of defendant is used in the prosecution. At the end of the investigation, the prosecutor decides whether to file a lawsuit. At the end of the prosecution, the court delivers a final decision.

When Does the Prosecution Phase End

The prosecution phase ends with the completion of the trial. This termination occurs with a verdict. The verdict is given by the court. The process is completed with the finalization of the verdict.

Conditions for the Termination of the Prosecution Phase and Types of Verdicts are Explained

The court announces its decision after the hearings. Verdicts that can be given are clearly listed in the law.

Acquittal Decision: It is understood that the defendant did not commit the crime. Or the legal elements of the alleged crime have not been formed. Acquittal is given if sufficient and definitive evidence is not found.
Conviction Decision: It is found established that the defendant committed the crime. Punishment is decided to be given. The type and amount of the punishment are determined with this decision.
Dismissal of the Case: The reasons for dismissal specified in the law have occurred. For example, the case is dismissed in the event of the defendant’s death. Amnesty or statute of limitations are also reasons for dismissal.
Decision of No Need for Punishment: The defendant committed the crime. However, reasons for compliance with the law such as minor age are present. This decision is given if the act does not constitute an injustice.
Suspension of the Announcement of the Verdict (HAGB): The result of the verdict is postponed under certain conditions. The verdict disappears if the defendant does not commit a crime during the supervision period.

The prosecution ends with the finalization of the given verdict. The verdict becomes final when legal remedies are exhausted. Ways such as appeal and cassation are available.

Legal Consequences of Giving a Verdict are Described in Detail

The final verdict given is binding on everyone concerned. A new trial cannot be held when the verdict becomes final. This situation is protected by the “ne bis in idem” principle. It means that a person cannot be tried twice for the same act.

As a Result of Conviction: The adjudged punishment is started to be executed. The legal status of the defendant officially changes. A transition is made to the convicted status.
As a Result of Acquittal: The defendant is completely cleared of the charges. The right to compensation for the harm suffered may arise. The acquittal decision cleans the defendant’s record.

Decision of No Need for Prosecution (KYOK)

KYOK holds an important place in the Criminal Procedure Law. It is a decision given at the end of the investigation phase.

The Meaning and Legal Nature of the KYOK Decision are Stated

KYOK is a decision given by the public prosecutor. It is given when sufficient suspicion for filing a public lawsuit is not found. There is suspicion that the crime was committed, but this suspicion is not enough to file the lawsuit. This decision prevents arbitrary trials. The unnecessary prosecution of suspects is prevented. It is also known as the “decision of non-prosecution” among the public.

Conditions and Procedure for Giving the Decision are Examined

The prosecutor meticulously completes the investigation. All collected evidence is evaluated at this stage.

Lack of Sufficient Suspicion: The most fundamental condition is the lack of sufficient suspicion that the crime was committed.
Insufficient Evidence: The collected evidence cannot constitute a basis for the crime charge.
Absence of a Lawsuit Condition: The special conditions required for filing a public lawsuit are missing. For example, a complaint was not made when a complaint condition was sought.

What is Prosecution – Process and KYOK Decision 2025. After the decision is given, it is notified to the victim harmed by the crime. The notification process carries a legal obligation. This notification initiates the objection period.

Legal Consequences of the Decision are Evaluated in Depth

The KYOK decision temporarily closes the investigation file. A lawsuit is not filed unless new and strong evidenceemerges. This decision does not constitute a final judgment. The investigation is reopened if new evidence emerges. In this case, the prosecutor may prepare an indictment again. Legal security is ensured with this flexibility. However, KYOK cannot be given again based on the same evidence.

KYOK Objection Period and Procedure

The KYOK decision may violate the victim’s rights. Therefore, the right to object to the decision is granted.

The Objection Period for the KYOK Decision is Explained in Detail

The right to object to the decision belongs to the person harmed by the crime. A period of seven days is legally granted to this person. The period starts on the date the decision is duly notified to the victim. This seven-day period is of a forfeiture nature. Right to object is lost if the period is exceeded. The correct calculation of the period is of great importance.

The Objection Procedure and Evaluation Process are Explained in Detail

Objection is made to the Criminal Judgeship of Peace to which the public prosecutor’s office is affiliated. The objection must be submitted with a petition. Reasons for the objection must be specifically stated in the petition. The victim may explain which evidence was collected incompletely. The Judgeship examines the file in detail. If the objection is found justified, two decisions may be given:

Deepening the Investigation: The file is sent back to the prosecutor’s office for the completion of missing aspects.
Preparation of an Indictment: The Judge is convinced of the existence of sufficient suspicion. In this case, the prosecutor’s office is commanded to prepare an indictment.

If the objection is rejected, the KYOK decision becomes final. In this case, an objection cannot be made again for the same act. The objection process ensures legal supervision.

What is Prosecution – Process and KYOK Decision 2025. Criminal procedure processes must be carried out with great care. The investigation and prosecution phases are the guarantee of the law. Prosecution is completed with a verdict as a result of a trial. The realization of justice is aimed for in this process. The KYOK decision prevents the filing of arbitrary lawsuits. Legal objection ways are open against this decision. Victims have the right to object within the seven-day period. These details of the legal processes must be correctly understood. The rights and freedoms of citizens are protected in this way.

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