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Rights of the Victim and the Person Harmed by the Crime

December 1, 2025
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COMPLEMENTARY ELEMENTS OF THE PROSECUTION ACTIVITY IN CRIMINAL PROCEEDINGS: THE VICTIM, THE PERSON HARMED BY THE CRIME, AND THE INSTITUTION OF PARTICIPATION IN PUBLIC PROSECUTION

 

Modern criminal procedural law, for many years, focused solely on the punitive relationship between the "State" and the "Defendant," relegating the victim, the true target of the crime, to a secondary role. However, with the development of human rights doctrine and the concept of restorative justice, the position of the victim in criminal proceedings has radically changed. The victim is no longer merely a "source of evidence" or a "witness" whose testimony is sought; they are an active subject of the trial, a "party" alongside the prosecution, contributing to the uncovering of the material truth.

The Code of Criminal Procedure No. 5271 (CMK) regulates the rights of victims and those harmed by crime in detail in Articles 233 and subsequent articles, granting them broad powers during the investigation and prosecution phases. This study will examine the legal nature of the concepts of victim and person harmed by crime, their rights, the procedures for hearing their testimonies, the institution of participation in public prosecution (intervention), and the representation of legal entities in this process, in light of legislation and judicial precedents.

I. CONCEPTUAL FRAMEWORK: DISTINCTION BETWEEN VICTIM AND PERSON HARMED BY CRIME

 

The concepts of "victim" and "person harmed by a crime," which are often used interchangeably in practice, differ in their legal nature and scope. This distinction is of vital importance, particularly in terms of the exercise of rights and the capacity to participate in legal proceedings.

A. Victim (Natural Person)

 

A victim is a person who has been directly wronged as a result of a crime and who owns the legal value that is the subject of the crime (life, property, honor, bodily integrity, etc.). According to the generally accepted view in criminal law doctrine, only natural persons can be victims. Legal entities (companies, associations, foundations) cannot be victims of a crime, but can only be "parties harmed by the crime".

  • Example: In the crime of intentional bodily harm, the person whose bodily integrity has been violated is the victim. In the crime of defamation, the person whose honor has been damaged is the victim.

B. Victim of the Crime (Natural or Legal Person)

 

The concept of "victim" is a broader umbrella term that also includes the concept of "harmed by a crime." It encompasses anyone who has suffered direct or indirect material or moral harm as a result of a crime.

  • Directly Injured Party: The person whose rights are violated as a result of the crime (usually the same person as the victim).

  • Indirect Victims: These are individuals who, while not the direct target of the crime, suffer a loss in their property or emotional well-being as a result of the crime.

Formulation: Every victim is also someone harmed by a crime; however, not everyone harmed by a crime is a victim.

  • Example: In a murder case, the person killed (the deceased) is the "victim" of the crime. The surviving spouse and children, on the other hand, are "victims of the crime" because they have been deprived of support and suffered emotional distress as a result of this death. Their right to participate in the case stems from their status as victims of the crime.

II. RIGHTS OF THE VICTIM AND THE PERSON HARMED BY THE CRIME (Code of Criminal Procedure, Article 234)

 

The legislator has listed the rights of the victim and the complainant (plaintiff) during the investigation and prosecution phases in Article 234 of the Code of Criminal Procedure. It is mandatory for the relevant authorities (police, prosecutor, judge) to remind them of these rights.

A. Rights During the Investigation Phase

 

During the investigation phase, i.e., the prosecution stage, the victim/complainant has the following fundamental rights:

  1. Right to Request Collection of Evidence: The victim may request the public prosecutor to collect any evidence (camera footage, witness testimony, call records, etc.) that they deem necessary to shed light on the incident. The prosecutor is not obligated to accept this request, but if they refuse, they must state their reasons.

  2. Right to Request Copies of Documents, Provided the Confidentiality of the Investigation is Not Violated: The victim may obtain copies of documents from the file. However, the prosecutor may restrict this right in situations where it would jeopardize the purpose of the investigation.

  3. Right to Legal Assistance: The victim may be represented by a lawyer.

    • Mandatory Legal Representation: In cases of sexual assault and other crimes punishable by a minimum of 5 years imprisonment, if the victim is a minor, deaf or mute, or severely incapacitated to the point of being unable to express themselves, the Bar Association shall appoint a lawyer for them without requiring their request.

  4. Right to Appeal: An appeal against the "Decision of No Grounds for Prosecution" (dismissal) issued by the public prosecutor must be filed with the Magistrates' Court within 15 days of the notification of the decision.

B. Rights During the Prosecution (Trial) Phase

 

Once a public prosecution is initiated, rights expand during the court proceedings:

  1. Right to be informed of the hearing: The court is obligated to notify the victim of the hearing date and the indictment.

  2. The Right to Participate in Public Prosecution (Intervention): This is the most important right in the judicial process. By participating in the case, the victim can acquire the status of a "party" (detailed below).

  3. Obtaining Copies of Minutes and Documents: You can obtain copies of all minutes and documents in the file free of charge.

  4. Requesting the Summoning of Witnesses: The plaintiff may request that witnesses they wish to be heard in order to shed light on the incident be summoned to court.

  5. Right to Appeal: Provided they were a party to the case, they may appeal the court's decision through the appeal and cassation legal remedies.

III. HEARING OF THE VICTIM AND THE PERSON HARMED BY THE CRIME (CMK art. 233 – 236)

 

In reaching the material truth, the victim's statements are at least as important as the defendant's defense. Therefore, the Code of Criminal Procedure stipulates that the victim must be heard.

A. Listening Method

 

The victim or person harmed by the crime is heard by the prosecutor during the investigation phase and by the presiding judge or magistrate during the prosecution phase.

  • Summoning Procedure: The victim is summoned according to the provisions regarding witnesses (CMK Article 233). That is, a duly served summons (invitation) is issued to them.

  • Compulsory Appearance: A "Compulsory Appearance" order may be issued against a victim who fails to appear without a valid excuse despite a proper summons. This is necessary to ensure that the victim's statement has evidentiary value and to prevent the defendant's right to defense (cross-examination) from being restricted.

B. The Matter of Oaths

 

Whether the victim should swear an oath during questioning depends on their status

  • Hearing as a Witness: If the victim has not yet joined the case (has not acquired the status of a party to the case), they will be heard as a "witness." In this case, the provisions relating to witness testimony apply, and as a rule, an oath is administered.

  • Hearing as a Participating Party: After joining the case, the participant acquires the status of "participating party." Since the participating party is a party to the case, they are not required to take an oath. However, if it is necessary for the discovery of the material truth, the court may, at its discretion, order an oath-taking hearing.

  • Exception: Children under the age of 15 and those lacking the capacity to make reasoned decisions may be heard without taking an oath.

C. Listening in the Absence of the Defendant and Special Protection Measures (Code of Criminal Procedure, Article 236)

 

Legislators have provided special procedures for situations where confronting the victim with the defendant could cause psychological trauma or prevent the truth from being told.

  1. Removal of the Defendant: If the judge sees that the victim might hesitate to tell the truth in the defendant's presence, he or she may order the defendant to be removed from the courtroom while the victim is being heard. When the defendant returns, the victim's statements are read to him or her.

  2. Single Hearing: It is essential that victims of sexual crimes and child victims do not experience secondary trauma by being heard repeatedly during the trial process. Therefore, unless factual evidence necessitates it, their statements recorded and taken only once .

  3. Expert-Assisted Listening: It is mandatory to have a psychologist, pedagogue, or social worker present when listening to children or victims with vulnerable psychological conditions.

  4. Hearing via SEGBIS: If the victim cannot come to court or if a face-to-face meeting is inadvisable, their statement can be taken from their location via the Sound and Video Information System (SEGBIS).

IV. THE INSTITUTION OF PARTICIPATION (INTERVENTION) IN PUBLIC PROSECUTION (CMK m. 237 – 243)

 

In criminal proceedings, the institution that enables the victim to move from a passive "complainant" position to an active "party to the trial" "Participation in Public Prosecution" (Intervention) . With the decision to participate, the victim acquires the status of "Participant" and becomes a subject standing alongside the prosecution and against the defendant.

A. Eligibility and Requirements for Participation

 

Not everyone can join the case. To request to join, the following conditions must be met:

  1. Condition of Suffering Harm from the Crime: The person making the claim must have suffered direct or indirect harm as a result of the crime described in the indictment. In its established jurisprudence, the Supreme Court defines "harm" as material or moral damage that has a causal link between the criminal act and the resulting consequence.

  2. Legal capacity: For individuals, legal capacity is required; for legal entities, a decision from the authorized body is necessary. Legal representatives (guardians/custodians) may request participation on behalf of minors or those under guardianship who lack the capacity to make informed decisions.

  3. Public Prosecution Having Been Initiated: Intervention is only possible during the prosecution phase (in court). Intervention is not possible during the investigation phase.

B. Procedure and Timing of Participation

 

  • Request: Participation is not automatic; it must be requested. This request can be made orally during the hearing or by submitting a petition to the court.

  • Timing: Requests to join the proceedings can be made at any stage from the acceptance of the indictment until the judgment becomes final. However, after the judgment has been rendered (at the appeals stage). Therefore, it is vital that the request is submitted before a decision on the merits of the case is made.

  • Decision: The court investigates whether the applicant has suffered harm from the crime and whether they are relevant to the case. After obtaining the opinion of the defendant and their lawyer, it decides whether to "Accept" or "Reject" the request to join the case

C. Legal Consequences of Participation and Rights of the Participant

 

From the moment the decision to participate is made, the complainant acquires the status of "Participant" and has the following rights:

  1. Supporting the Prosecution: The plaintiff sides with the prosecutor, requesting that the defendant be punished. They can present evidence and state whether or not they agree with the prosecutor's opinion.

  2. Right to Appeal: This is perhaps the most important consequence. A person who participated in the case has the right to appeal the court's decision (acquittal, no conviction, etc.) to the Court of Appeal or the Court of Cassation. A victim who did not participate in the case cannot appeal the decision.

  3. Right to Ask Questions: The plaintiff or their representative may ask questions directly to the defendant, witnesses, and expert witnesses in accordance with courtroom discipline.

  4. Attorney's Fees: If the defendant is convicted, the court will award "attorney's fees" in favor of the plaintiff who was represented by an attorney.

D. Withdrawal from Participation and Its Effects

 

A party may withdraw from this status at any time. With withdrawal, the status of party and the rights associated with it cease. However, withdrawal does not affect the validity of actions taken up to that point. Furthermore, while withdrawing a complaint (in cases where prosecution depends on a complaint) dismisses the case, withdrawing from participation does not dismiss the public prosecution; the case continues to be conducted by the prosecutor.

V. PARTICIPATION AND REPRESENTATION OF LEGAL ENTITIES IN PUBLIC PROCEEDINGS

 

In modern law, victims of crime are not limited to individuals. Companies, associations, foundations, professional organizations with the status of public institutions, and even state institutions themselves can be harmed by crime. Therefore, the Code of Criminal Procedure allows legal entities to participate in the case.

A. The "Suffering Harm from Crime" Criterion for Legal Entities

 

Legal entities cannot be considered "victims" but can participate in the case as "parties harmed by the crime." The key criterion here is whether the crime committed directly affects the legal entity's assets, reputation, or purpose of establishment.

  • Example: In the case of theft (embezzlement) of money from a company's cash register, the company is considered a victim of the crime and can join the lawsuit.

  • Example: If a company is subjected to false news reports labeling it as a "fraudulent company," the company can file a defamation lawsuit due to the damage to its reputation.

B. The Issue of Representation and Procedure

 

The intentions of legal entities are expressed through their authorized bodies. The request to join the case must also be made by the authorized body or by a lawyer appointed by it.

  1. Private Legal Entities (Companies/Associations): The person authorized to represent the company according to the board of directors' decision or signature circular (Director/Chairman of the Board) may request to participate. If the request is made through a lawyer, the power of attorney must include authorization to file a lawsuit or participate in a lawsuit.

  2. Public Legal Entities (Ministries/Institutions): In cases where the Treasury or the relevant Ministry has suffered damage from a crime (e.g., bid rigging, smuggling), a representative from the legal counsel or litigation department of the relevant administration requests to join the case.

C. The Situation of Bar Associations and Civil Society Organizations

 

One of the most debated issues in our legal system is whether bar associations or women's rights organizations can participate in cases that generate public outrage, particularly those involving femicides or environmental crimes.

  • The Old Approach: For a long time, the Supreme Court narrowly interpreted the "direct harm from the crime" requirement, rejecting the requests of bar associations and societies to participate. The prevailing view was that "even if the purpose of the association is to combat crime, the crime was not directly committed against the association."

  • Current Situation and Legal Regulations: Article 20 of Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women directly grants the Ministry of Family and Social Services the right to participate in cases involving crimes committed against women and children. However, for civil society organizations (CSOs) and bar associations, the Supreme Court's practice is still shaped by the "direct harm" criterion, and requests for participation are rejected except in exceptional circumstances. However, there are increasing examples where courts, at their discretion, accept requests for participation in cases where the collective interest is violated, such as environmental crimes.

VI. CONCLUSION AND EVALUATION

 

Criminal procedural law aims not only to punish the guilty but also to restore the disrupted legal order and to redress grievances. In this context, the "victim" and "person harmed by the crime" are not passive elements of the prosecution but active parties who can influence the course of the trial.

The series of rights regulated in Articles 233 and subsequent articles of the Code of Criminal Procedure have strengthened the victim's position vis-à-vis the state. In particular "Participation in Public Prosecution" gives the victim the opportunity to take initiative, appeal the decision to a higher court, and present evidence to uncover the material truth in cases where the prosecutor is inadequate or makes erroneous assessments.

Therefore, it is vital for the full exercise of the right to seek justice and the establishment of justice that natural or legal persons harmed by crime, instead of merely "giving a statement and leaving" in the trial process, acquire the status of "Participant" as recognized by law. It should not be forgotten that an effective prosecution is completed not only by a strong prosecutor, but also by the existence of a victim who knows and pursues their rights.

Legal Notice: This text has been prepared for general informational purposes within the framework of the provisions of the Criminal Procedure Code No. 5271 and legal doctrine. To avoid loss of rights in your specific legal processes, it is recommended to seek professional legal assistance.

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