Criminal Reports, Complaints and Follow-Up of the Prosecutor’s Investigation
A criminal report or complaint is more than an account of the incident. The legal nature of the act, the right to file a complaint, the capacity of the applicant, preserving the evidence lawfully, the competent and authorized authority and the related civil and compensation routes must be assessed together.
Filing a criminal report and complaint, following the procedures of the law enforcement and the prosecutor’s office, requests for witness and record inquiries and for completing missing procedures, objecting to a decision not to prosecute, and the consequences of withdrawing a complaint and of reconciliation are explained in detail on our page Criminal Report and Complaint: Representation of Victims, Complainants and Intervening Parties.
Having call detail records (HTS)/cell tower records investigated, requesting an on-site examination and criminal laboratory examination, and reviewing the legal consequences of effective remorse are also within this scope.
Rights of Victims, Complainants, Injured Parties and Intervening Parties
The rights of a victim or injured party in the criminal process are not limited to filing a complaint. The powers to obtain information from the file, submit evidence, request investigations, be protected, intervene in the case and use legal remedies may vary according to the stage of the file and the capacity.
Preparing the statements of the victim and the complainant, evidence and investigation requests, protection of personal information, special procedures for vulnerable victims, intervening in the criminal case and representing the intervening party, statements on the merits, legal remedies and asserting damages arising from the offense through separate civil routes are explained in detail on our page Criminal Report and Complaint: Representation of Victims, Complainants and Intervening Parties.
Juvenile Criminal Justice and Child Victims
Special procedures suited to age, level of development and need for protection apply to a child drawn into crime or a child who is a victim of crime. In addition to defense counsel and victim representation, social investigation, child protection measures and preventing secondary traumatization of the child must also be assessed.
The procedures addressed in this scope are:
- The statement, interrogation and trial process of a child drawn into crime
- Mandatory defense counsel and procedures connected with the legal representative
- The social investigation report and the assessment of criminal responsibility specific to children
- Proceedings before the juvenile court and the juvenile High Criminal Court
- The proportionality of pretrial detention and judicial control in respect of a child
- Taking the statement of a child victim in a special setting and by special methods
- The forensic interview room, expert support and confidentiality
- Protective and supportive measures under the Child Protection Law
Keep Complaint, Intervention and Compensation Requests Separate
Filing a criminal report does not mean automatically joining the public case or automatically recovering the damage. The victim’s requests are assessed together with respect to the investigation, the case, protection and, where necessary, separate compensation routes. It should not be assumed that withdrawing a complaint ends every case.
Children and sensitive interviews
The child’s capacity in the process, age and needs are the basis. The appointment of defense counsel or a representative, expert support and safeguards against repeated traumatization are assessed. Instead of questioning the child about the incident again and again, the existing records should be preserved and an appropriate forensic interview process followed.
Preparing for the Consultation and Next Step
Prepare the file number, the existing decision or summons, and the date of the approaching procedure. Note any missing documents; do not hold back a time-limited procedure while they are completed. After the review, the appropriate request, any additional documents needed and the scope of services to be undertaken are explained.