While a large portion of the offenses set out in the Turkish Criminal Code are investigated ex officio (automatically), the investigation and prosecution of certain offenses is made conditional on a complaint by the victim.
Examples of Offenses Subject to Complaint
Offenses for which the law explicitly uses the phrase "upon complaint" are subject to complaint; for example, simple bodily harm, violation of the inviolability of the home (in certain circumstances), insult, and breach of trust (in certain circumstances) fall into this category. Serious offenses such as intentional killing or drug trafficking, on the other hand, are not subject to complaint; the public prosecutor's office initiates an investigation ex officio as soon as it learns of them.
The Complaint Period
For an offense subject to complaint, the right to complain must be exercised within 6 months of the date the perpetrator and the act become known (Turkish Criminal Code Art. 73). This period is one of forfeiture; once it has elapsed, the right to complain lapses and no investigation can be conducted for that offense.
Withdrawal of a Complaint
In an offense subject to complaint, the victim may withdraw their complaint at any stage of the investigation/prosecution process. Withdrawal of a complaint at the prosecution (trial) stage only results in dismissal of the case if the defendant accepts it (Criminal Procedure Code Art. 243); if the defendant does not accept it, the trial continues, but the withdrawal of the complaint may be considered a mitigating factor when determining the sentence.
The Reconciliation Institution
A significant portion of offenses subject to complaint (as well as certain other offenses separately listed in the law) fall within the scope of reconciliation, regulated under the Criminal Procedure Code. If the parties reach an agreement through a mediator, a decision is rendered that there is no ground for prosecution, or that the case be dismissed - this is a route that both provides for the victim's loss to be remedied and shortens the judicial process.
Conclusion
Paying attention to the 6-month complaint period in offenses subject to complaint is critical to prevent loss of rights. Withdrawal of a complaint and reconciliation allow the parties to conclude the process through agreement if they wish.
You can review current precedents on offenses subject to complaint and reconciliation with Lawyer Services' Research tool.