Public Criminal Action

Is It Permissible for the Injured Party to Initiate Criminal Proceedings Directly Before the Misdemeanor Court Without Referral from the Public Prosecution?

As a general rule under the Criminal Procedure Law, the authority to initiate and pursue criminal proceedings before the competent court rests with the Public Prosecution.
However, the legislator has introduced an exception to this rule under Article 4 bis of the same law, whereby an individual who suffers harm due to non-execution of a judicial ruling may directly file a complaint before the misdemeanor court.
In such cases:
The defendant must be notified in accordance with the procedures outlined in Articles 163 and 164 of the law.
The court registry must notify the Public Prosecution by providing it with a copy of the complaint, so that it may take the necessary steps to pursue the public action.
Excerpt from the Supreme Court
Appeal No. 351/2021