Home > 2.9 Electoral offences and sanctions > TÜRKIYE - Law on Basic Provisions on Elections and Voter Registers with Amendments made by Laws 7062, 7102 and 7140
 
 
 
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Article 174
 

(Amended by Article 314 of Law 5728 on 23 January 2008)


Those who have committed one of the offences stated in this law or those who must be punished according to general provisions for an offence related to the implementation of this law are investigated and prosecuted according to general provisions regardless of their title or position.


Investigations concerning governors are conducted by the Chief Public Prosecutor of the Court of Cassation or the Chief Deputy Prosecutor of the Court of Cassation. The prosecution shall be conducted by the relevant criminal chamber of the Court of Cassation in accordance with the general provisions.


The Chief Public Prosecutor of the Court of Cassation may have the investigation conducted by the Public Prosecutors of the Court of Cassation. However, it is the Chief Public Prosecutor of the Court of Cassation who decides whether a public case should be launched or a prosecution initiated.


During the investigation, the relevant criminal chamber of the Court of Cassation shall decide on whether the warrants of apprehension, arrest, release, confiscation and search requested by the Chief Prosecutor of the Court of Cassation are to be issued. Objections to these decisions shall be examined by the criminal chamber of the Court of Cassation that follows in number the chamber ruling the initial judgement. If the initial decision was taken by the President of the Last Chamber of the Court of Cassation, then the First Criminal Chamber shall have the authority to examine the objection.


Objection to the decisions of the Chief Prosecutor of the Court of Cassation stating that there is no need for prosecution, shall be examined by the President of the Criminal Chamber following the criminal chamber responsible for handling the most severe cases that are the subject of the current prosecution . If the crime, which is the subject matter of the prosecution, falls under the jurisdiction of the criminal chamber that is last in number, the authority to examine the objection shall rest with the resident of the First Criminal Chamber.


The Provincial Chief Public Prosecutor or his Deputy shall be authorized to launch an investigation or a public case against district governors; the provincial heavy penal court shall have the jurisdiction to start a prosecution in the same case.


The provisions of the Law on Judges and Prosecutors are reserved.


The related persons and political parties may take part in a public action as per the Law on Criminal Procedures.