Victim Rights in Turkey

1.What is a complaint?

A complaint is made to the general prosecutor or to the law enforcement officers(such as police or gendarmery) by informing the relating organs about the crime that affected you and if you are knowledgeable about the suspect.

What is the difference between a victim and a complainant?

A victim is a side that took direct damages or material loss from the criminal activity. A person that suffered losses is the side whose interests were deprived.  If the victim or the person that suffered losses make a complaint to the relating organs that person gains the status of a complainant.

Is a report and a complaint the same thing?

A report is the act of informing the officials about a crime that took place and can be made by anyone. Where a complaint can only be made by the person that suffered losses or a victim of the crime.

What is the deadline for complaint making?

A complaint must be made within 6 months.  For crimes investigation and prosecution of which is tied to the complaint: if the 6 months period has been breached the investigation and prosecution will not take place. This deadline starts from the moment the person with right to make a complaint has gained the information of the crime taking place and the suspect’s identity.

Which acts can be reported as a complaint to the General Prosecutor?

Every legal event is not made topic of criminal investigation. For example: divorce: debt reimbursement or nonperformance of rental payment are not within General Prosecutor’s jurisdiction. Your complaint must always be related to an act of crime.

What is an abuse of right to complaint?

The person that is aware that the crime actually didn’t took place or the suspect didn’t commit the crime is abusing the right to complaint. This act may result in a criminal investigation of the abuser.

Can I take back a complaint?

Until the final decision has been made by the judge it is possible to take your complaint back. If the complaint is taken back during investigation phase this will result in the decision that there is no need for prosecution. If the complaint is taken back during prosecution phase the criminal case is dropped afterwards.

How do I file the complaint?

If you suspect that an act that has deprived your interests forms a crime, you can file a complaint to the officials of the district where the crime took place. The aspects that you should include in the complaint are listed below:

*The complaint must be adressed to the official organ in which the complaint is being made

*Complainant must include his/her name, surname, identification number and adress.

*If it is known name, surname, identification number and adress of the suspect must be included.

*What the crime consists of and the exact date of occurrence must be indicated.

*Under the section of Explanations complainant must breafly describe the event.

*Under the section Evidence complainant must describe all the proof that is tied to the crime and include all written evidence to the complaint.

*The demand towards opening of a civil law suit must be included at the end.