04Violence and protection needs
In cases of threats, violence and stalking, assessing, in addition to the criminal application, the protective and preventive measures that concern personal safety.
- Current safety need
- Measure request and reporting of violations
- Secure communication arrangement
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Criminal application and measure request
Investigating whether an act constitutes an offense and measures aimed at preventing violence serve different purposes. In events within the scope of Law No. 6284, suitable applications and measures are assessed; it is not necessary to wait for a conviction.
Scope and implementation of the measure
The scope of a prohibition on approaching, a prohibition on harassment through means of communication or other suitable measures is determined according to the circumstances of the event. The term and notification of an existing decision, allegations of violation and new events are assessed separately; the necessary notices or renewal requests are prepared.
Privacy and secure communication
Through which communication channel and at what time the person can be reached safely is discussed at the outset. Requests for protecting address or identity information are assessed in light of the concrete risk and the statutory conditions; it cannot be said that identity will be concealed automatically in all criminal files.
Legal basis: 1, 3
05Child and vulnerable victims
Assessing representation, the appointment of an attorney, expert support and the conditions for taking statements in line with the victim’s age and needs.
- Representation and conflict of interest
- Statement given with an expert
- Reducing secondary victimization
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Legal representation and the victim’s will
The child’s age, capacity to discern, conflict of interest with the legal representative and right to apply are assessed together. Where necessary, steps to secure suitable representation are addressed. A relative reporting the case and a procedural act valid on behalf of the victim are not the same in every case.
Statements in a private setting and expert support
The Code of Criminal Procedure provides for expert support in hearing certain victims and, where the conditions are met, for procedures for taking statements in a private setting. The scope of the Child Monitoring Center (Çocuk İzlem Merkezi) and forensic interview practices depends on the nature of the offense and the assessment of the competent authority; the same method is not applied to all victims.
Assessing repeated accounts and contact
Suitable procedural requests are prepared with regard to statements already taken and the victim’s needs. While the law takes as its basis that some victims are heard once, it reserves cases that are mandatory to establish the material truth. It cannot be guaranteed that the person will not be heard again or will not meet the defendant under any circumstances.
Legal basis: 1
06Representing complainants and intervening parties
Preparing the request to join the criminal case; following the hearing, witnesses, experts and the statements on the merits within the scope of the representation undertaken.
- Request to join and status
- Hearing and assessment of evidence
- Application against the reasoned decision
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Joining the public criminal action
We examine the relationship of having been harmed by the offense and the conditions for joining. The request may be made before the court of first instance renders its judgment, by petition or by an oral application recorded in the hearing minutes. The court decides on the request to join.
The hearing and the expert examination
The indictment, witness statements, forensic reports and expert assessments are reviewed together. Contradictions, needs for further investigation and grounds for objecting to the report are made specific. The attorney’s follow-up of the file does not by itself remove a summons to an act that the victim must attend in person.
Right to a legal remedy
Depending on the type of decision, the right to apply, and the date of notification and of the decision, the possibility of an objection, an appeal (istinaf) or an appeal to the Court of Cassation (temyiz) is assessed. Also taken into account are the situation in which the request to join was rejected or not decided, and the situation of having been harmed by the offense in a way that could give the status of intervening party.
Legal basis: 1