Right to Complaint and Withdrawal of Complaint
The right to complaint is the right of the victim or aggrieved party to apply to the competent authority within the legal period for the investigation or prosecution of crimes dependent on complaint. Prosecutors or law enforcement officers cannot initiate investigations directly and spontaneously on crimes dependent on complaint. It is necessary for the victim or aggrieved party to file a complaint for an investigation to be initiated.
Withdrawing a complaint is the act of the victim or aggrieved party who has used the right to complaint, withdrawing their complaint by renouncing the investigation and prosecution of the crime.
Can the Right to Complaint and Withdrawal of Complaint Be Exercised by Someone Else?
The right to complaint is strictly personal and cannot be exercised by someone else. The victim or aggrieved party of the crime dependent on complaint must personally exercise the right to complaint. Therefore, the right to complaint does not pass to heirs, but if the person who filed the complaint during their lifetime has filed a lawsuit and then passed away, in such case, the heirs can intervene in the lawsuit.
The withdrawal of complaint is also strictly personal, and therefore cannot be exercised by someone else. The victim or aggrieved party who filed the complaint can personally withdraw it.
What is the Time Limit for the Right to Complaint?
For crimes dependent on complaint, the exercise of the right to complaint is subject to a statute of limitations. According to the Turkish Penal Code, the victim or aggrieved party must exercise the right to complaint within 6 months. If the right to complaint is not exercised within the 6-month statutory limitation period defined in the law, the right to complaint will expire, and no investigation or prosecution can be conducted after this period.
The starting point of the complaint period is the date when the victim or aggrieved party of the crime knows or learns the act and the perpetrator. For example, if a privacy violation crime, which is a crime dependent on complaint, is committed on 01/01/2024, and the victim learns about the act and the perpetrator on 15/01/2024, they can exercise their right to complaint until 15/07/2024.
According to Article 73/4 of the Turkish Penal Code, if there are multiple victims or aggrieved parties of a crime, the expiry of the 6-month complaint period for one of them will not affect the right to complaint of the others.
Is There a Time Limit for Withdrawing a Complaint?
Withdrawal of complaint can be done until the investigation stage ends by the competent authority, as well as during the prosecution stage until the final decision is reached. Withdrawal of complaint can also be made during the appeal and cassation stages of the case. In other words, the right to withdraw a complaint can be exercised until the decision becomes final.
After the court’s decision becomes final, withdrawal of complaint cannot be made. According to Article 73/4 of the Turkish Penal Code, withdrawal of complaint after the decision becomes final will not prevent the execution of the sentence.
What are the Consequences of Withdrawing a Complaint?
In case of withdrawal of complaint during the investigation stage, the investigation will be closed, and the complaint will be dismissed. In this case, the file will be closed without a lawsuit being filed. If the withdrawal of complaint is made during the prosecution stage, a decision of dismissal will be issued regarding the case. If the complaint is about the same act committed by multiple persons, the withdrawal of complaint against one person will also affect the others, and a decision of dismissal will be issued for all defendants in the criminal case.
Is It Possible to Withdraw the Withdrawal of Complaint?
Withdrawal of complaint cannot be withdrawn as a matter of law. Once the complaint has been withdrawn, the same person cannot file a complaint about the same act again. However, if the act constitutes a crime that requires the prosecutor to take action on their own initiative, even if there is a withdrawal, the prosecution will continue.
What Happens If the Defendant Does Not Accept the Withdrawal of Complaint?
In case of withdrawal of complaint during the prosecution stage, if the defendant accepts the withdrawal of complaint, a decision of dismissal will be issued regarding the case. However, according to Article 73/6 of the Turkish Penal Code, if the defendant does not accept the withdrawal, it will not affect them. In this case, if the defendant believes they will be acquitted, instead of accepting the withdrawal of complaint and having the criminal case dismissed, they can request to be acquitted at the end of the trial.
