Complaints and Crime Reports

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Complaints and Crime Reports: Legal Procedures and Rights

1. What Are Complaints and Crime Reports?

In criminal law, when a crime is committed, individuals can request an investigation by reporting the incident to the relevant authorities. This process is classified into complaints and crime reports.

Complaint: Some crimes require the victim to file a complaint before legal action can be taken. Complaints are subject to specific time limits, and if not filed within the prescribed period, prosecution is not possible.
Crime Report: A crime report can be made by anyone, regardless of their involvement. Upon receiving a report, the prosecutor may initiate an investigation ex officio (automatically).

Both mechanisms aim to ensure that crimes are investigated and justice is served.

2. Differences Between Complaints and Crime Reports

Criteria	Complaint	Crime Report
Who Can File It?	Only the victim of the crime.	Anyone can file.
Applicable Crimes	Crimes that require a complaint for prosecution (e.g., defamation, threats, fraud).	Crimes that do not require a complaint for prosecution (e.g., murder, drug trafficking, terrorism).
Relevant Authorities	Prosecutor’s office or law enforcement agencies.	Prosecutor’s office, police, gendarmerie, or courts.
Time Limitation	Usually within 6 months from the date of learning about the crime.	No time limitation.
Investigation Process	The prosecutor starts an investigation only if a complaint is filed.	The prosecutor can initiate an investigation ex officio.

For example, defamation requires a complaint from the victim, and if they do not file within six months, no investigation takes place. However, crimes like drug trafficking or murder are always prosecuted regardless of whether a complaint is filed.

3. How to File a Complaint or Crime Report?

Reporting a crime or filing a complaint requires following certain legal procedures.

A. How to File a Complaint?

A complaint can be filed with the prosecutor’s office, police station, or gendarmerie.
It can be submitted in writing (as a petition) or verbally.
The complaint must be made within the legally defined time limit (usually 6 months).
The complainant has the right to withdraw the complaint in certain cases.

B. How to File a Crime Report?

A crime report can be made by anyone.
It can be submitted to the prosecutor’s office, police, gendarmerie, or other relevant authorities.
It can be filed through a written petition or a verbal statement.
The prosecutor evaluates the report and decides whether to initiate an investigation.

Important Note:

Falsely accusing someone of a crime is considered "defamation" and can result in legal consequences.

4. Crimes That Require a Complaint

Some crimes can only be investigated if the victim files a formal complaint.

Examples of complaint-based crimes:

Defamation (Article 125 of the Turkish Penal Code)
Threat (Article 106)
Simple Assault (Article 86)
Unauthorized Use of Personal Data (Article 136)
Violation of Privacy (Article 134)
Basic Fraud (Article 157)

If the victim fails to file a complaint within 6 months, the case cannot be prosecuted.

5. Crimes That May Lead to a Public Case

Some crimes start as complaint-based but can later be pursued as public cases.

Examples include:

Sexual harassment (requires a complaint, but if the victim is a minor, prosecution occurs automatically).
Negligent injury in a traffic accident (requires a complaint, but if the victim dies, it becomes a public case).

In such cases, prosecutors may proceed with prosecution even if no formal complaint is made.

6. The Role of a Lawyer in Complaints and Crime Reports

Obtaining legal assistance ensures that complaints and crime reports are properly drafted and prevent loss of rights.

A lawyer can:

Prepare and submit a crime report or complaint with proper legal references.
Ensure that all necessary evidence and witness statements are presented.
Follow up with the prosecutor’s office or court for legal proceedings.
Advise on the withdrawal of a complaint or appeal process.

In cases of false accusations or serious criminal allegations, legal representation is essential to avoid wrongful prosecution.

Conclusion

Complaints and crime reports are essential legal tools for reporting and investigating crimes.

A complaint must be filed by the victim within a specific timeframe.
A crime report can be filed by anyone, and serious crimes are prosecuted regardless of complaints.
Some crimes can transition into public cases even if no complaint is made.
Legal representation is highly recommended to navigate the complaint and reporting process properly.

These processes are fundamental rights granted to citizens to ensure justice and law enforcement