Criminal Complaint

A criminal complaint, for offences whose investigation and prosecution depend on a complaint, is the victim informing the competent authority that it wishes the offender to be punished. Without a complaint, no investigation can be started for these offences.

Complaint and Report

• Complaint: A precondition for investigation of offences subject to complaint; subject to a time limit and may be withdrawn.
• Report of an offence: A notification anyone may make about offences prosecuted ex officio. It has no time limit and withdrawing it does not stop the investigation.

In practice, both are made by petition to the public prosecutor’s office.

Offences Subject to Complaint

Examples relevant to companies:

• Basic breach of trust,
• Disclosure of trade secrets,
• The basic form of unauthorised access to information systems,
• Certain forms of insult and threat,
• The unfair competition offence under the Turkish Commercial Code.

Time Limit

The right of complaint must be exercised within six months of the victim learning of the act and the offender (Turkish Criminal Code Art. 73). After this, the right lapses. When misconduct is discovered within a company, the deadline should therefore be tracked immediately; an ongoing internal investigation does not suspend it.

Complaint on Behalf of a Company

A company, as victim, may complain through its legal representatives or lawyer. The complaint petition should describe the incident, submit evidence and state the company’s intention to join the case as an intervening party.

Withdrawal and Mediation

Withdrawal of a complaint is possible until the judgment becomes final and ends the case; the accused must accept it. Offences subject to complaint are generally within the scope of criminal mediation; if mediation succeeds, the file may close with the loss compensated.