Missing Deadlines in Complaint-Based Offenses
1. Introduction: “I Missed the Complaint Deadline, Can I Do Nothing Now?” While many crimes in criminal proceedings are investigated and prosecuted ex officio, in some crimes the initiation of the process is entirely... Read More
Mediation in Criminal Procedure
1. Introduction: What is Mediation and Why is it Important? In criminal proceedings, mediation, alongside the punitive approach centered on the classical "crime-punishment" dichotomy, aims to redress the victim's harm and to ensure the perpetrator's... Read More
Dismissal of Public Prosecution
In criminal proceedings, "dismissal" means that there is no longer any legal benefit in continuing the public prosecution, or that one of the grounds for termination explicitly stipulated by law has occurred. Read More
Participation in Public Prosecution (Intervention)
Participation in public prosecution (intervention) is when a person directly harmed by the crime, or their legal representative, requests the status of "participant" from the court during the prosecution phase. The participant; evidence... Read More
Complaint and Withdrawal of Complaint in Public Prosecution
Introduction In Turkish criminal justice, public prosecution is initiated by the prosecutor for the purpose of protecting public order. However, there are certain crimes for which... Read More
Circumstances in Which the Prosecutor Has Discretionary Power in Initiating Public Prosecution
The engine of criminal proceedings is the public prosecutor. Whether or not a public prosecution will be initiated, or which procedure will be followed, often depends on the prosecutor's discretion, bound by law. This discretion... Read More
How to Initiate a Public Prosecution?
If sufficient evidence to raise reasonable suspicion is collected in a criminal investigation, the public prosecutor prepares an indictment; once the indictment is accepted by the court, a public prosecution is initiated. (CMK m.160–172, 170,...). Read More
What is a Public Prosecution?
One of the most frequently encountered terms in Turkish criminal proceedings is **“public prosecution”**. Although it is used interchangeably with criminal prosecution in everyday language, it is actually a public prosecution... Read More
The Right of the Victim to Request a Lawyer in Stalking Crimes (Turkish Penal Code Article 123/A)
Stalking (Turkish Penal Code Article 123/A) is a crime subject to complaint and is within the scope of mediation. The victim is represented by a lawyer of their choice from the beginning of the investigation until the judgment becomes final... Read More
Procedural Rules and Competent Court in the Crime of Stalking (Turkish Penal Code Article 123/A)
Summary: Persistent stalking (Turkish Penal Code Article 123/A) is subject to complaint, falls within the scope of mediation, and as a rule, the Magistrates' Criminal Court has jurisdiction. The basic type is a simplified trial (6 months–2 years)... Read More