21 Nov What Are The Offenses Linked To The Complaint?
Follow-up Complaint Complaint What Does the Crime Mean?
The charges are based on accused crimes, the victim of the crime or the crime of not being harmed by the victim of the accusation. Complaint-related offenses arise in the Turkish Penal Code No. 5237 and special laws. A crime is subject to the complaint in the law clause is expressed in the following statements:
, 2 Upon the complaint of the victim, ”shall be stipulated“ (TCK m.86 / 2),
/ 1 Upon the complaint, K shall be punished. Alandır (TPC m.104 / 1),
/ / Investigation and prosecution of the victim. Ve (Article 12 § 1/1).
The proceedings are not specified in crimes which are not connected to the complaint and the documents in the laws. If it is not written that the pursuit of an offense is subject to complaint, the offense is subject to re-investigation and prosecution by the public prosecutor and the court.
The right to complain is a public law right which has been recognized as a victim or a victim of prosecution for the prosecution of a crime by the prosecution or for prosecution by the court. Complainant, real person, company, foundation, association etc. may also be a legal entity. There are authorized bodies to complain of legal personality. The right to complain personally uses your rights, this right does not pass to the heirs. However, if the complainant dies after he has exercised his right to complain, he may join his inheritors in the criminal proceedings brought against him.
How long is the duration of the complaint for the offenses under the complaint? (TCK Article 73/1)
Compensation for offenses subject to complaint is 6 months when the victim is not learning the ‘verb’ and ‘perpetrator Ş. The complainant has to learn both the perpetrator and the de facto to use the right to complain. Approximately, on 05.07.2017 a victim of the crime of damaging the property, the damages given to his property learned on the date, the identity of the perpetrator of the wrong crime 3 months after the date of 05.10.2017 learned, I wanted to complain, the problem will be subject to 05.10.2017 period.
The offense for 6 months, if the victim or the perpetrator was later informed of the crime or being the victim of the crime, is the date of the complaint. The duration of the complaint, the right to complain about 6 years, the right to complain, the right to complain, the TCK Art. The case referred to in Article 66 must be made within the statute of limitations. TCK md. According to 66, the case limitation period is 8 years. If the victim, who was deliberately committed a simple man-wounding crime, then complain to the perpetrator within 8 years at the latest.
Questions about the complaint of one of the complainants, others of the claims, complaint letters, complainant complaints, may always complain (Article 73/3 of the TCK).
Decline of the complaint, the decision to follow the investigation, the state to be fired.
What are the offenses linked to complaint?
Unless it is explicitly stated in the law that the pursuit of a crime depends on a complaint, that crime is formally investigated by the public prosecutor’s office. All crimes related to the investigation and prosecution are also covered by the law of mediation.
Major crimes under follow-up are:
Simple intentional assault (m. 86/2).
TCK md. 86/2 in the scope of deliberate act of negligence in the deliberate crime (m. 88).
The crime of infringing the crime (art. 89 / 1-2-3-4). The offense committed in the scope of TCK 89/1 with the conscious tax is subject to complaint but is not subject to complaint for other jurisdictions.
The crime of sexual assault (m. 102/1 and 102/2-second sentence).
The crime of sexual intercourse with minors (m.104 / 1).
Sexual harassment offense (art. 105/1).
The crime of threat (m. 106/1 second sentence).
The crime of violating the immunity of the residence (m. 116 / 1-2-4).
Violation of the freedom of work and work (m.117 / 1).
The crime of disturbing the peace and tranquility of the persons (m. 123/1).
Insult of the Offense (m. 125/1, 2, 3). The offense of insulting or insulting the president against the public official is not subject to complaint.
The crime of insulting one’s memory (art. 130 / 1,2). The crime of insulting the public official against his / her duty is not based on a complaint.
The crime of infringing the confidentiality of communication (m. 132/1, 2, 3).
The crime of listening and recording the conversations between persons (m. 133/1, 2, 3).
The crime of violating the privacy of private life (m. 134/1, 2).
Theft and theft of theft (art. 141/1, 2, 3) TPC Art. 167/2 is processed against the people who are committed to the complaint. The follow-up of all other cases is not subject to complaint. The cases requiring less punishment for theft crimes are also subject to complaint (art. 144/1).
The crime of theft of use (m. 146/1).
The crime of damaging property (art. 151/1, 2). Qualified aspects of the offense of damaging property (Art. 152 / 1,2) TPC Art. 167/2, the persons who are subject to the offense are also subject to complaint.
The crime of harming the places of worship and worship of tombs and tombs. If it is committed against the persons referred to in Article 167/2, its follow-up is subject to a complaint (art. 153/1).
Rape offense (m.154 / 1,2,3) TCK Art. 167/2 if it is committed against the people of the follow-up is subject to complaint.
The crime of misconduct (m. 155/1).
The charge of using free stock (m.156 / 1).
The offense of fraud (Article 157/1) and the offense of Qualified Fraud (art. 158 / 1,2) shall be taken into account in the case of TCK Art. 167/2, if it is committed against the persons stated in the report, it is subject to a complaint.
It requires less punishment in fraud (m. 159/1).
Saving crime (m.160 / 1) on lost or defective items.
Fraudulent bankruptcy offense (Article 161/1) TCK art. 167/2 is committed to the complaint is committed to the offense.
The crime of bankruptcy in crime (art. 162/1) TCK Art. If it is committed against the persons referred to in Article 167/2, the proceedings are one of the offenses subject to complaint.
The crime of unrequited benefits (TCK m.163 / 1-2) TCK Art. 167/2 if it is committed against the people of the follow-up is subject to complaint.
Wrong information about the company or cooperatives (Article 164/1) TCK Art. 167/2 if it is committed against the people of the follow-up is subject to complaint.
Offense of acquiring or accepting an offense of crime (m.165 / 1) TCK art. 167/2 if it is committed against the people of the follow-up is subject to complaint.
The crime of not giving information (m. 166/1) TCK Art. 167/2 if it is committed against the people of the follow-up is subject to complaint.
The offense of misuse of the signature (m. 209/1).
The offense of breach of the obligation arising from family law (Article 233/1).
Disclosure of information or documents in the form of trade secrets, banking secrets or client secrets (Article 239 / 1-2-3, excluding the fourth paragraph).
The crime of kidnapping and detention of a child (Article 234/3).
Complaint-related offenses; In case of investigation and prosecution, it is useful to get legal assistance from a criminal lawyer because of the fact that the right to complain and the withdrawal of the complaint has some features that may lead to the loss of rights.
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