This chapter explores two main approaches, ex parte and ex officio, as to how to initiate criminal procedure for the crimes committed in domestic settings. Domestic violence cases hold some challenging features preventing an effective criminal investigation as inhibiting factors. Our chapter, thus, argues that an important aspect of the criminal and penal policy’s response to domestic violence is to break the cycle of violence through a prosecution policy as ex officio. As such, it considers the Istanbul Convention’s approach taking on the traumatizing nature of crimes which are committed in domestic settings which aims to ease the burden of the victim during criminal procedure as well as the ECtHR’s case-law. Then it looks at Türkiye’s choice of avoiding dosage and opting for impetus in prosecution of domestic violence, which has triggered a constitutional debate on the equality principle.

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How to Initiate the Criminal Prosecution of a Domestic Violence Case, ex officio or ex parte? The Example of Turkish Law

  • Rahime Erbaş,
  • Büşra Hazel Ateş Sarıdağ,
  • Ramazan Zeyrek

摘要

This chapter explores two main approaches, ex parte and ex officio, as to how to initiate criminal procedure for the crimes committed in domestic settings. Domestic violence cases hold some challenging features preventing an effective criminal investigation as inhibiting factors. Our chapter, thus, argues that an important aspect of the criminal and penal policy’s response to domestic violence is to break the cycle of violence through a prosecution policy as ex officio. As such, it considers the Istanbul Convention’s approach taking on the traumatizing nature of crimes which are committed in domestic settings which aims to ease the burden of the victim during criminal procedure as well as the ECtHR’s case-law. Then it looks at Türkiye’s choice of avoiding dosage and opting for impetus in prosecution of domestic violence, which has triggered a constitutional debate on the equality principle.