Child Pornography Crime: Complaint Period and Statute of Limitations

Article 226 of the Turkish Penal Code , is a type of crime that directly concerns public order and aims to protect the sexual inviolability of children. Therefore, it is subject to different rules than some other crimes, both in terms of investigation procedure and statute of limitations.

Complaint Period

The crime of child pornography is not subject to complaint . This means that the prosecutor's office investigates these crimes ex officio upon any report or finding . A complaint from the victim or their family is not a requirement for investigation; it only constitutes a report. Furthermore, withdrawing a complaint does not lead to the dismissal of the case. This approach reflects the understanding that the protection of children is a primary duty of public authorities.

Statute of Limitations for the Case

The statute of limitations for prosecution 66 of the Turkish Penal Code taking into account the maximum penalty prescribed for the crime.

• Producing an obscene product involving a child (Turkish Penal Code 226/3, first sentence):
  The penalty 5-10 years imprisonment plus a fine. Since the upper limit is 10 years, the statute of limitations for the case 15 years.

• Disseminating information through the press and media, and making it accessible to children (Turkish Penal Code 226/5):
  The penalty 6-10 years imprisonment. Since the upper limit is again 10 years, the statute of limitations 15 years.

• The acts of possessing, reproducing, selling, transporting, and storing (Turkish Penal Code Article 226/3, second sentence):
  The penalty 2-5 years imprisonment + a judicial fine. Since the upper limit is 5 years, the statute of limitations for the case 8 years.

• Showing or making a child read obscene content (Turkish Penal Code 226/1-2):
  The penalty 2-5 years imprisonment. Since the upper limit is 5 years, the statute of limitations for the case 8 years.

Extended statute of limitations: When the statute of limitations is interrupted (e.g., by taking a statement, preparing an indictment, etc.), the period starts running again, but the total period is extended by a maximum of half. So, for a 15-year period, the maximum extension could be 22 years and 6 months, and for an 8-year period, the maximum extension could be 12 years.

Start Date

• In instantaneous crimes (e.g., production, sharing), the statute of limitations begins on the day the crime is committed.

• In cases of continuous offenses (e.g., possession), the time limit starts from the day the act ends. That is, the day the material in the perpetrator's possession is seized or the possession ends is taken as the starting point.

• In serial offenses, the date of the last act is considered the starting point.

Special Cases

• If the perpetrator is a child (a child involved in crime), the statute of limitations periods are shorter according to Article 66/2 of the Turkish Penal Code (e.g., 15 years → 10 years).

• Since the victim is a child, the application of the statute of limitations is interpreted in favor of the child in light of international conventions. In some cases, it is accepted that the statute of limitations may begin to run from the date the victim reaches the age of 18.

🔑 Conclusion:
for child pornography offenses ; withdrawal of a complaint does not dismiss the case. The statute of limitations 8 or 15 years , depending on the nature of the offense, and is extended by half if interrupted. In "possession" offenses, the commencement of the statute of limitations is of particular importance due to the continuous nature of the offense; this point is of strategic importance for the defense and the legal representation of the plaintiff.

                                                                                                                                              Ada Ceren KENDİGELEN