Özet:

When an individual commits a crime, a criminal relationship is engaged between the individual and the State, on such an occasion, right to punish of the State arises. The decision of whether the crime was committed by the individual is detected by independent and impartial courts. In the event that it is detected that the criminal relationship engaged between the individual and the State finalize only with the execution of the sentence given by the court. However, for some reasons, this criminal relationship may be terminated before the sentence is executed. One of the reasons that cuts off the criminal relationship is the death of the person. In the Turkish Penal Code, the death of the perpetrator of a crime has been accepted as a reason to remove the case and the sentence. In the Criminal Code, a distinction is made between the death of the accused and the death of the convict. This distinction is of vital importance in terms of confiscation and trial costs. It should be discussed whether a decision of acquittal can be given with the continuation of the trial of the accused in the event of a death. According to one view, even if the accused dies, the criminal proceedings shall be continued as a requirement of his "right to good reputation ". If, according to the collected evidence, it is understood that the deceased accused is innocent, the decision of acquittal should be given, not the decision of dismissal.

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