Some crimes to investigate and prosecute in the Turkish Criminal Law are depending on the complaint filed from the victim of the crime or on the complaint of the person who is affected by the crime.
It must be stated in the law that the pursuit of the crime depends on the complaint. However, if the pursuit of a crime is not related to the complaint, this issue is not specified in the law. If it is not stated in the law that the pursuit of the crime depends on the complaint, that crime will be investigated and prosecuted automatically by the relevant authorities.
The people who can file a complaint about a crime can be natural persons or legal entities. For example, a company, a foundation or an association may also complain about a crime. These legal entities are obliged to use their complaint rights to file through their authorized bodies.
The right to file a complaint about a crime in TPC does not pass to the heirs. The person has to use this right of filing a complaint about a crime her/himself. The only situation in which the heirs can intervene in the matter is the death of the victim after the complaint. Heirs can participate in the criminal case if they wish After the death of the complainant.
The period of filing a complaint about a crime regulated in TPC is six months. The period starts from the date of the victim to learn about the perpetrator’s ID and from the day that the victim to learn about the offense.
If the date to learn about the offense and the perpetrator’s ID is different, the complaint period starts from the later date. This six-month period is the period of foreclosure. On the other hand, the complaint must be made within a maximum period of eight years, which is the prescription period of the offense.
It’s possible for the complainant to withdrawal from their complaint. If the complaint is withdrawn, a decision of non-prosecution is made regarding the criminal file during the investigation phase, and the public action is dismissed in case of withdrawal from the prosecution phase.
All crimes subject to complaint regulated in the Turkish Criminal Law are subject to conciliation procedure.
Antalya Criminal Lawyer and Antalya Criminal Attorney Baris Erkan Celebi and his Antalya Criminal Law Firm offer legal assistance and representation to the victims of crimes under Turkish Criminal Law.
