04. Enstitüler / Lisansüstü Eğitim Enstitüsü

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    Master Thesis
    The Discretionary Power of Public Prosecutor in the Initiation of Public Prosecution
    (MEF Üniversitesi, 2023) Ay, Emir Can; Çınar, Ali Rıza
    With the Criminal Procedure Law No. 5271, an exception has been made to the principle of compulsory public prosecution, which the public prosecutor has, and disc-retionary power has been granted in filing a public lawsuit. Along with the 1st parag-raph of Article 171 of our Criminal Procedure Law No. 5271, which requires the app-lication of effective regret provisions that eliminate the personal impunity or punish-ment. While the public prosecutor is provided with the discretionary power to open a public case in such cases, the institution of postponing the opening of a public case is regulated in the 2nd paragraph of Article 171 of the Criminal Procedure Law. The rele-vant regulation introduced to the Public Prosecutor grants the Public Prosecutor the authority not to file a public lawsuit, even if there is sufficient suspicion in the investi-gation phase, one of the phases of the criminal trial, during the evaluation of evidence and drawing conclusions. In the first part of our thesis, the concept of public litigation and the principles that govern public litigation, especially the principle of obligation and the principle of expediency, or discretion, which is the subject of our thesis, is examined. In the second part, the concept, organization, legal nature and duties of the public prosecutor are examined, and in the last part, we examine the provisions of personal impunity and effective repentance that eliminate the punishment in the Turkish Penal Code, which are the subject of our article, and the provisions of effective regret that eliminate the perso-nal impunity and punishment in the Turkish Penal Code. The crimes to which it can be applied have been examined in detail. The judicial decisions related to our subject and the problems in practice have been examined and opinions about these decisions have been included. Finally, the legal nature, conditions and consequences of the decision to postpone the opening of a public case, which is one of the alternative institutions to a public case and can be given by the public prosecutor, and the decision. The way to go against the decision and the control of the decision were examined.