The questions below offer a general framework on the rights of a suspect, police custody, pretrial detention and judicial control, criminal complaints, istinaf appeals and appeals to the Court of Cassation. In a specific case, the time limits, the documents and the regulations in force are assessed separately.
Showing 1–6 of 6 questions
Which events and evidence should be stated when preparing a criminal complaint?
A criminal complaint should clearly state the act, the date, the place, the persons concerned and, where possible, the evidence.
The event giving rise to the complaint should be narrated chronologically; who carried out which act and when, which events the witnesses know of, and where the existing documents were obtained should be made concrete. Where possible, the originals of messages, camera footage, medical reports, bank transactions and other digital records should be preserved. A legal characterization does not take the place of the public prosecutor’s function; however, the material facts to be proved must be conveyed completely. For offenses prosecuted only upon complaint, the time limit for filing the complaint must be checked separately.
What rights are involved with regard to the status of complainant and intervening party?
A complainant may hold certain rights during the investigation, and, once a request to intervene is accepted in the prosecution phase, the rights of an intervening party provided for by law.
A person harmed by the offense may exercise rights such as requesting that evidence be collected during the investigation and, in cases the law allows, obtaining copies from the file. After a public prosecution has been initiated, the possibility of joining the prosecution through a properly filed request to intervene is assessed. Rights to legal remedies, representation by counsel, being notified of the hearing and the capacities held in the file must be distinguished from one another. Having filed a criminal complaint does not, in every file, automatically confer the status of intervening party (katılan).
What legal avenue arises against a decision of non-prosecution?
A decision of non-prosecution (kovuşturmaya yer olmadığı kararı) may be objected to within the framework of the statutory conditions.
The reasoning of the public prosecutor’s office decision, the offense and the suspects in respect of whom it was issued, the date of notification and the authority competent to hear the objection must be examined. In the objection, the investigative steps that were left incomplete, the evidence not collected, the witnesses or errors of legal assessment should be shown concretely. Article 173 of the Code of Criminal Procedure regulates the basic application procedure. Whether other avenues of application are possible is determined separately according to the type of decision and the circumstances of the file.
Is it mandatory to have conclusive evidence in a criminal complaint?
Evidence that is conclusive at the level required for a conviction is not required in a criminal complaint; concrete facts and accessible evidence should be shown.
The time and place of the event, information about the perpetrator, and which records can be requested from which authority should be explained. Accusations based solely on assumptions and unlawful sharing of data should be avoided.
Does withdrawing a complaint end the investigation in every offense?
No; the outcome varies according to whether the offense depends on a complaint and according to the procedural conditions.
For offenses prosecuted only upon complaint, special conditions such as the timing of the withdrawal and the acceptance of the suspect or defendant may come into play. For offenses investigated ex officio, withdrawing the complaint does not by itself lead to dismissal.
Can a complainant submit new camera footage during the investigation?
Yes; newly obtained recordings acquired lawfully and a request for the recordings to be obtained may be submitted to the public prosecutor’s office.
If there is a possibility that the recordings will be lost, a written request or a protective measure should be requested without delay, stating the location, the device, the date and the retention period. The integrity of the footage, its analysis and its connection to the event are examined separately.