Özet:

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 binding effect of the aforementioned decision on civil courts. There is no explicit or general legislation regulating the effects of "non-needity of punishment decision" on civil courts. Therefore, res judicata effect of this decision on civil courts should be explained with regard to article 74 of the Turkish Code of Obligations and article 214 of the Code of Civil Procedure. Moreover the grounds for rendering "the non-needity 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 aforementioned decision is not binding on the civil courts are also examined within the scope of this article. "No 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-needity of punishment decision" where the criminal statue of limitations is longer on the statue of limitations regarding tortuous act is evaluated.

Anahtar Kelimeler: