İNSAN HAKLARI KAPSAMINDA YER ALAN LEKELENMEME HAKKI VE MASUMİYET KARİNESİ TEMELİNDE SORUŞTURMAYA YER OLMADIĞINA DAİR KARARI

Abstract

“Decision of No Ground for Investigation (DNGI)”, which was added as the 140/6 article of the Law no. 7078 to the 158th article of the Turkish Criminal Procedure Code (TCPC), is included as a type of decision. In general and abstract complaints and denunciations without crime, public prosecutors can make the decision. An investigation will not continue due to a denunciation or complaint that does not have sufficient qualifications, and state institutions will not be unnecessarily busy. Provided that the DNGI is utilized appropriately by public prosecutors, there can be a severe decrease in the workload of courts and based on the presumption of innocence (PI) and the right not to be labelled as criminal (RNLC) in the scope of human rights, people can be protected from unnecessary investigations because of complaints or denunciations which do not constitute any crime.