Mesajı Okuyun
Old 31-03-2007, 20:59   #43
tosbaa

 
Varsayılan

The Calculation and Practice of Timeout:
ITEM 72. – (1) The timeout of lawsuit and penalty are determined by calculating day, month, and year. A day counts for twenty-four hours and a month counts for thirty days. Year is calculated according to the official calendar.
(2) Lawsuit and penalty timeout are performed officially and the suspect, the accused or the convict cannot abandon it.

The Offences of Investigation and Prosecution that are dependent on complaint, compromise
ITEM 73. – (1)
If the authoritative person about the offences of investigation and prosecution that are dependent on complaint does not have a complaint within six months, investigation and prosecution cannot be made.
(2) Only on the condition of not exceeding the limits of timeout, this duration starts from the day when the person with the right of petition for redress knows the crime and the accused.
(3)
If one person from several others who have the right of petition for redress extends the six-month time limit, the right of the others does not become invalid.
(4) Unless written otherwise, the crimes whose prosecution are dependent on complaint, if the person injured by the crime withdraws his/her action, this results in the abatement of the action and giving up a claim after the sentence becomes definite does not prevent carrying out of the decree.
(5) The abandonment of complaint about one of the accused who commits the crime with other participants comprises the others.
(6) Unless indicated otherwise in the law, abandonment does not affect the accused who does not accept it.
(7) If the dropping of the public lawsuit stems from when the person who has been injured by the crime withdraws the action and this person declares that he/she abandons his/her personal rights, the person cannot sue in the civil court.
(8) When the person who has been injured by the crime or the law juristic person, the crimes whose prosecution are dependent on complaint, on the condition that the perpetrator admits his/her guilt and pays the whole or most of the damage or eliminates it, and the wronged and the perpetrator come to an agreement with their free will, and when this matter is fixed by the public prosecutor or the judge, public lawsuit cannot be brought against.

The effect of the dropping of lawsuit or punishment
ITEM 74. – (1) General amnesty, personal pardon, and to give up one’s complaint do not necessitate taking back the things that are confiscated or the judicial law fine that is paid.
(2) The dropping of the public lawsuit does not affect taking back the property and the individual lawsuit that is brought against to indemnify the loss.
(3) Dropping of penalty does not affect the decrees that are related to indemnity and trial expenses. However, in case of general amnesty trial expenses cannot be requested.