{"id":2324,"date":"2014-08-04T20:25:51","date_gmt":"2014-08-04T17:25:51","guid":{"rendered":"http:\/\/www.bicakhukuk.com\/bicak-hukuk\/field-of-activities\/spor-hukuku\/"},"modified":"2022-02-20T15:27:02","modified_gmt":"2022-02-20T12:27:02","slug":"victims-crime","status":"publish","type":"page","link":"https:\/\/www.bicakhukuk.com\/en\/pratice-areas\/victims-crime\/","title":{"rendered":"Victim Rights Law"},"content":{"rendered":"

Literally \u201cVictims” means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of Turkish Criminal Laws.<\/span><\/p>\n

Victims rights<\/span><\/h3>\n

You will be considered a victim of crime if you have suffered damage, for example you have been injured or your property has been damaged or stolen as a result of an incident which constitutes a crime according to Turkish national law. As a victim of crime, the law grants you certain individual rights before, during and after court proceedings (trial).<\/span><\/p>\n

Criminal proceedings in Turkey\u00a0start with investigations that are conducted by the police and the public prosecution office. If there is insufficient evidence against the suspect to press charges, the public prosecution office terminates the proceedings. If, on the other hand, sufficient evidence is available, the public prosecution office will prefer public charges against the suspect before a court. It may, however, also terminate proceedings by way of exception, for example if the suspect has made reparations for material damage caused to you or has fulfilled certain conditions and instructions.<\/span><\/p>\n

Hearing in court<\/span><\/h3>\n

If the court opens the main proceedings following the indictment, it will examine the evidence against the accused at a hearing in court. If it finds the accused guilty, it will convict him and set a penalty. The court may, however, also terminate the proceedings against the accused, for example if the accused shows remorse and has participated in victim-offender mediation. If the evidence against the accused is insufficient, the court must acquit him. If a judgment is handed down, the criminal proceedings may be continued in a higher court following an appeal.<\/span><\/p>\n

You as a victim can take part in criminal proceedings as a\u00a0witness\u00a0or have a more active role by formally becoming a\u00a0private prosecutor\u00a0or\u00a0private accessory prosecutor\u00a0and thus benefit from a variety of rights available to you. As a private prosecutor (kat\u0131lan) you will take the place of the public prosecutor; as a private accessory prosecutor you will take part in the proceedings alongside the public prosecutor.<\/span><\/p>\n

Report an offence<\/span><\/h3>\n

If you become a victim of a crime, you can report an offence to any police station or police officer, any public prosecution Office or any local governer and sub governer office. You can do so in writing or orally. In the latter case, written minutes will be produced by the authority accepting the report. The report (referred to as ‘filing information of a criminal offence’ in Turkey) should be made in Turkish if possible in order to avoid a delay in processing and can also be submitted by an attorney and you need to authorise him\/her specifically.<\/span><\/p>\n

The reporting of a criminal offence should include your name, your address and your telephone number, in case there are any questions. It is important that you quote all the details you have about the suspect and the offence when reporting the crime in order to make it easier for the police and the public prosecution office to check your details and institute initial investigations.<\/span><\/p>\n

Time-limit<\/span><\/h3>\n

There is no specific time-limit for the filing of information of a criminal offence. However, certain offences can only be prosecuted if you have filed an application for criminal prosecution. An application for criminal prosecution must be filed within six months after you get to know about the offence and the perpetrator with a court or the public prosecution office or orally for the records with the police. <\/span><\/p>\n

The institution where you file information of a criminal offence will inform you about what types of crimes will require you to file an application for criminal prosecution. The public prosecution office will, however, only officially pursue certain crimes if it is in the public interest.<\/span><\/p>\n

Reference number<\/span><\/h3>\n

You will be given a reference number by the authority accepting your report. You can follow up on what the police do and submit further information using the number you received from them. At a later stage, you can also ask the police or the public prosecution office for the public prosecutor\u2019s file number for your case, which will be different from the number quoted by the police. It is preferable to cite reference numbers and file numbers when contacting the authorities, unless you actually do not know them.<\/span><\/p>\n

Status of a witness<\/span><\/h3>\n

Before the investigation is closed, you will have the status of a witness. You can contact the authorities at any time and give them additional evidence or information. The victims of crime – who are known as the ‘aggrieved person’ in the Code of Criminal Procedure – have more comprehensive rights, such as the right to apply for information regarding whether the suspect is in custody, under certain circumstances the right to inspect the files or to obtain information from the files, the right to avail yourself of the services of a lawyer or to be represented in court by a lawyer. <\/span><\/p>\n

If you are invited by the police for questioning, you are not obliged to appear. You are obliged to appear if you receive a summons from the public prosecutor or a judge.<\/span><\/p>\n

Victim rights<\/span><\/h3>\n

If you are summoned for questioning, you have the following rights:<\/span><\/p>\n