The Effects Of The "Non Necessity Of Punishment" Decision That Handed Down By Criminal Court On Civil Court


Gunes D. B.

ISTANBUL HUKUK MECMUASI, vol.77, no.1, pp.185-216, 2019 (Journal Indexed in ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 77 Issue: 1
  • Publication Date: 2019
  • Doi Number: 10.26650/mecmua.2019.77.01.0013
  • Journal Name: ISTANBUL HUKUK MECMUASI
  • Journal Indexes: Emerging Sources Citation Index, TR DİZİN (ULAKBİM)
  • Page Numbers: pp.185-216

Abstract

The binding effect of the "non necessity of punishment" decision which is a substantial final judgment rendered by a criminal court, on a civil court is discussed in this paper. Res judicata effect is assessed first regarding the mentioned decision's binding effect on civil courts. There is no explicit or general legislation regulating the effects of "non necessity of punishment decision" on civil courts. Hence, res judicata effect of this decision on civil courts should be explained with regard to article 74 of Turkish Code of Obligations and article 214 of Code of Civil Procedure. Moreover the grounds for rendering "the non necessity of punishment decision" and its effect on civil courts should be examined separately. Even though civil courts are not bound by the rationale of "non necessity of punishment decisions", they are bound by the ruling on the unlawfulness of the actus reus and the fact that the perpetrator committed the act. Situations where the mentioned decision is not binding on the civil courts are also examined within the scope of this article. "Non necessity of punishment decision" has a procedural condition effect if it constitutes the reason for a retrial in civil courts. Finally, extensive effect of "the non necessity of punishment decision" where the criminal statue of limitations is longer upon the statue of limitations regarding tortuous act is evaluated.