The Decision of Non-Investigation in the Context of the Presumption of Innocence

The presumption of innocence is a fundamental right at every stage of criminal procedure. The presumption of innocence ensures fair trial in criminal proceedings. In general, there are some specific provisions regarding to the denunciations and complaints related to the alleged crimes in connection with the duties of public officials. These provisions aim to protect public officials from unjustified charges. With the decision of non-investigation, it is aimed to bring this protection mechanism in terms of non-public officials. In this study, the decision of non-investigation as a new type of decision in our law will be examined. When examining the subject, general information about denunciation and complaint in our law will be given firstly. Then, the decisions of the European Court of Human Rights regarding to the presumption of innocence will be evaluated. In the last section, with the amendment to the Code of Criminal Procedure Numbered 5271, the conditions of the decision of non-investigation will be examined. Furthermore, criticisms and suggestions regarding to the new legal regulation will be included