Categories: INFORMATION

THE TIME OF COMPLAINT FOR THE CRIME OF ENTERING MILITARY’S FORBIDDEN ZONES, THE STATUTE OF LIMITATIONS AND THE COURT IN CHARGE

The crime of entering military forbidden areas contained in Article 332 of the Turkish Criminal Code is not one of the crimes subject to the complaint and is investigated by the prosecutor’s office. In other words, there is no complaint period for these crimes. The refusal to file a complaint does not result in the dropping of the criminal case. The crime can always be investigated provided that the statute of limitations of the case is observed.

The statute of limitations of the case is regulated in Article 66 of the Turkish Commercial Code and is a criminal law institution that results in the dropping of a criminal case if a certain period has elapsed since the end was processed, but no case has been filed or the case has not been concluded within the legal period, despite the fact that it has been filed. In the proceedings for the crime of entering military restricted areas, TCK article 331 in terms of the verb in the first paragraph, the usual trial statute of limitations is 8 years, and the trial statute of limitations for the verb in the second paragraph is 15 years. The crime can be investigated at any time during this statute of limitations, no investigation can be made after this statute of limitations has expired.

However, the courts charged with entering military prohibited areas are the courts of first instance.

Yağız Canseven

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