Categories: General

What Does It Mean To Make a Complaint And Give Up The Complaint?

How long is the complaint period?

The duration of the complaint, the ‘verb‘ and the il perpetrator 6 of the victim is 6 months. The complainant has to learn both the perpetrator and the de facto to use the right to complain. On 10.09.2016, a victim, who is guilty of damaging the property against him, learned about the damages given to his property on the date, if the identity of the wrong person was learned on 01.12.2016 after 3 months, the complaint will be subject to time.

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. In the absence of a right of 6, the current error, the right to complain, to base the error in the Turkish Penal Code. TCK Md. According to 66, the case limitation period is 8 years.

If one of the complainants has any questions about his or her complaint, they may not complain or complain.

How Does the complainant use the right to complain?

The right to complain can be used to state whether you have made a statement to the police, the gendarmerie or the prosecutor’s office, a complaint petition to the prosecution or to the court. The complaint filed with the complainant’s identity, content, description and effectiveness. The manual readability of the complaint, which is the subject of the complaint, is clearly explained by the complainant.

If the Prosecutor’s Office concludes on the complaint or complaint of the complainant that the claim is the offense, he / she immediately begins to investigate. Evidence is collected with the geometry of the investigation; Witnesses are examined, exploration or expert examination, the correctness of the claim to write the relevant places have been investigated. The Prosecutor’s Office has enough suspicion about committing an offense, an indictment and a criminal charge against the perpetrator.

Is it compulsory to complain about all suspects or defendants?

He complains of the dur de facto cak, in which he is a victim, of which he is the victim of the crime or the victim’s right to complain. The complainant who accused him of being a victim, by then, complains to all suspects or accused. The complainant cannot just choose one of the perpetrators of the actual act and complain. The right to complain on the same act can only be used against all perpetrators.

In the event of more than one act and offense committed against the crime, the right to complain separately for the act. In a workplace, unprocessed, workplace, workplace, workplace, workplace, workplace, workplace, workplace, workplace, workplace, workplace, workplace, workplace, workplace failure or complaint can be abandoned. However, the application for the renouncement of the perpetrators results in the withdrawal of the complaint about all the perpetrators.

The Discouragement and the Effect on the Criminal Case

In the case of crimes subject to complaint, however, the right to complain is used. The charges against the prosecution or the crime of police have no authority to investigate itself. When a person insults a person, even if the police see a crime of insult, one of the parties complains.

If the criminal proceedings were brought to an end when the investigation was concluded and the criminal proceedings had been brought to an end, the proceedings were a process that led to the fall of the case. All perpetrators benefit from the decision to abandon the complaint in cases of complaint-related offenses, to deal with a single failure at the workplace, and the decision to drop the criminal proceedings against the court. In the dream of debt, purity, borrowing, accusation, shelter, accusation, other rights such as shelter. That is to say, in this case, the vazgeç dissolution of quitting Yani institution is not valid.

It is important to note that others complain to follow-up crimes. However, the follow-up is not subject to a complaint, that is being investigated and officially prosecuted offenses, to give up a defendant about the defendant, does not pass the other accused. The opponent does not complain to the other defendant about having to suspend others about one of the two defendants who have been tried for the offense. In other words, the complainant can participate in the case as an intervener by continuing to complain about the other defendant.

After the declaration of withdrawal or petition, it is possible to give thanks to the case or to the general cause. In other words, there is no possibility to give up without giving up the property. It is necessary to ask immediately (the statement of the police, the prosecution, etc.) after the declaration of the court to renounce the statement of dismissal.

How to quit the complaint?

The complaint may be lodged with judicial bodies such as law enforcement, public prosecutors and courts, and administrative bodies such as district governorships or governorships.

There is no provision in the Code of Criminal Procedure no. 5271 on how to quit the complaint. It may be in the presence of the public prosecutor’s office and the judicial bodies, such as the court or the judge, or in the presence of authorities such as the police or the notary public. The important point here is the proof of the complainant’s declaration of right to withdraw the complaint. What the law is looking for is to prove the will to quit the complaint in a way not to doubt. For example, in the case of wounded and fatal traffic accidents at the notary, the ay ve I receive the material and moral compensation, I will give up the complaint. Düzenlen

There is a special regulation in terms of subjects subject to compulsory defense in order to quit the complaint. In addition, under the age of 18, deaf or mute, or who can not explain the meram of unlawfully the legal representatives of the lawyers to be aware of each other and be informed by the lawyer of legal representatives. Without this information being given by the attorney appointed by the Bar Association, the 18-year-old, deaf or mute or legally disqualified persons who cannot explain their curiosity will not be considered in the sense of the law of refusal.

Does the accused have to accept the statement of withdrawal?

If the renunciation of the complaint is accepted by the accused, a san decision to fall Ş is given to the criminal case. However, the accused does not have to accept the statement of renunciation of the complaint. The defendant may demand that the ebilir acquittal decision dava be given to him / her at the end of the case, instead of decreasing the criminal case. In this case, even if the complainant has given up the complaint, the decision on the criminal case cannot be dropped. The proceedings shall be continued, and if the conditions for the defendant were established at the end of the case, the acquittal decision shall be taken. If it is understood that a decision of conviction should be given not the acquittal decision, the conviction is not given a conviction, the decision to drop due to the denial of complaint is given instead of conviction.

Aşıkoğlu Law Office

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