What is a Criminal Complaint?
A criminal complaint is the notification to competent authorities by a person who learns that a crime has been committed. Anyone may apply to the Chief Public Prosecutor's Office or law enforcement (police, gendarmerie) to report a crime.
Where to File a Criminal Complaint?
Criminal complaints can be filed with the following authorities:
• Chief Public Prosecutor's Office: Written or oral application directly to the prosecutor
• Police and Gendarmerie: Application to the nearest station
• e-Government: Online criminal complaint application
• BİMER (ALO 150): Complaints regarding public institutions
Complaint-Based Offenses and Time Limits
For certain offenses, investigation requires the victim to file a complaint. The complaint period is 6 months from the date the victim learns of the act and the identity of the perpetrator. Examples of complaint-based offenses:
• Insult
• Threat
• Simple injury
• Violation of residential immunity
• Violation of privacy
• Use of unfunded promissory notes
• Fraud (in some cases)
Ex Officio Investigated Crimes
In serious crimes, the prosecutor initiates an investigation ex officio without requiring a complaint. Intentional homicide, robbery, theft, drug trafficking, and sexual assault fall within this scope.
How to Write a Criminal Complaint Petition
Elements that should be included in an effective criminal complaint petition:
• Complainant's identity and contact information
• Known identity information of the suspect
• Date, time, and location details of the incident
• Detailed description of the event
• Witness information, if available
• Evidence (photos, documents, message records, etc.)
• Requested action
Investigation Process
The prosecutor initiates an investigation upon the criminal complaint. During the investigation:
• Statements of suspects and witnesses are taken
• Evidence is collected and examined
• Expert examination may be ordered
• Arrest or judicial control measures may be imposed if deemed necessary
At the end of the investigation, the prosecutor either files an indictment and opens a case or decides on non-prosecution.
Objection to Non-Prosecution Decision
The prosecutor's non-prosecution decision may be appealed to the Criminal Court of Peace within 15 days of notification.
Conclusion
A criminal complaint is the fundamental recourse available to individuals for protecting their legal rights. Paying attention to complaint deadlines and preparing the petition completely is important for the process to progress quickly and effectively. Receiving professional legal support in criminal law ensures the best protection of your rights.