Intervening Party
Also known as: Victim Participation, Civil Party, Joining the Prosecution, Victim of Crime, Katılan
Author Ali Gül
In short
The status acquired by a natural or legal person directly harmed by an offence who joins the public prosecution, gaining rights to submit evidence, attend hearings and appeal.
An intervening party is the status acquired by a person directly harmed by an offence who joins the public prosecution (Code of Criminal Procedure Arts. 237-243). The public prosecutor brings and conducts the criminal case, but the intervening party protects its own interests as an active party. Companies join as intervening parties in breach of trust, aggravated fraud and cybercrime cases committed by employees or third parties.
Victim and Intervening Party
- Victim: A person harmed by the offence. During the investigation, it may request evidence be collected and challenge a decision not to prosecute.
- Intervening party: Acquires this status when its application to join is accepted after the public prosecution is brought.
Joining
An application to join may be made until judgment is given at first instance, in writing or orally at a hearing. The court decides whether the applicant was directly harmed by the offence.
Rights of the Intervening Party
- Submitting evidence and requesting witnesses be heard,
- Attending hearings and questioning the accused and witnesses,
- Inspecting the file and obtaining copies,
- Appealing the judgment to the regional court and the Court of Cassation,
- Being represented by a lawyer; for certain offences, appointment of a lawyer by the bar on request.
Compensation
In Turkish criminal proceedings, compensation is generally claimed in a separate civil case. However, compensating the loss matters to the accused under institutions such as effective repentance, criminal mediation and deferment of the announcement of the verdict. This may allow the intervening company to recover its loss within the criminal proceedings.
For offences subject to complaint, the process begins with a complaint. In files to be followed as an intervening party, preserving evidence in advance through an internal investigation is important.
Frequently Asked Questions
Should a victim company join the criminal case?
Joining is recommended. Intervening party status lets the company submit evidence, call witnesses, question at hearings and appeal the decision. A company that does not join cannot use these rights.
Until when can a party apply to join the case?
An application to join can be made until judgment is given at first instance. During the investigation, the rights of a victim are used instead; for example, a decision not to prosecute can be challenged.
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