This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Suç Şikâyeti Nasıl Yapılır? Süreç ve Süreler.
A complaint and a report are not the same: anyone may report an offence, whereas a complaint is a right belonging to the person harmed and available only for the offences the law makes subject to complaint. For those offences the period is six months from learning of the act and of the perpetrator (Article 73 of the Criminal Code), and once it is missed no investigation can be conducted.
This article sets out the difference between the two, how a complaint is made, what happens afterwards, and the points that matter most.
Complaint or Report?
Which applies depends on the nature of the offence.
- A complaint applies only to “offences prosecuted upon complaint” — simple insult, simple injury, violation of the inviolability of the home and the like. If the victim does not complain, no prosecution can be brought. A complaint may be withdrawn, and withdrawal discontinues the case. Most importantly, a forfeiture period of six months runs from learning of the offence and of the perpetrator (Article 73).
- A report applies to offences prosecuted of the authorities' own motion — homicide, robbery, aggravated fraud, sexual offences, drug offences and other serious matters. Once the prosecutor learns that such an offence has been committed they must act, without any complaint from the victim. A report cannot be withdrawn, and withdrawing it does not stop the prosecution. No special complaint period applies; the general limitation period governs.
| Complaint | Report | |
|---|---|---|
| Who may make it | The person harmed by the offence | Anyone |
| For which offences | Offences the law makes subject to complaint | All offences |
| Period | 6 months from learning of it | No period |
| Effect of withdrawal | The investigation or prosecution is discontinued | No effect |
| Where it is made | Prosecutor, police, governor's office, district governor's office | The same |
| From abroad | A Turkish consulate | A Turkish consulate |
For offences not subject to complaint, withdrawal does not stop the investigation; the prosecutor continues of their own motion.
How Is a Complaint Made?
- At a police or gendarmerie station. Orally or by written petition. Oral applications are recorded, and you are given a copy of the record — which is your proof that the application was made.
- By petition to the chief public prosecutor's office. To the office in your province or in the place where the offence was committed. This route is more effective in complex matters, because the petition reaches the investigating prosecutor directly.
- Through the e-government portal. Electronic complaints are possible for some types of offence, though the scope is still limited.
- Through the gendarmerie telephone line in areas served by the gendarmerie.
The petition should contain: a detailed account of the offence and how it was committed; its date, time and place; the identity of the perpetrator if known; the evidence you hold (documents, photographs, recordings); the names and contact details of witnesses; and your request.
“In offences subject to complaint, the complaint must be made within six months of the person entitled learning of the act and of the perpetrator.” — Turkish Criminal Code, Article 73/1
What Happens After the Complaint?
- The investigation. The prosecutor opens an investigation. The suspect may be asked to give a statement; searches and seizures may be carried out and expert examinations ordered. The investigation is confidential.
- A decision not to prosecute. Where the prosecutor cannot find sufficient evidence, they decide not to prosecute. You may object to the magistrate's court for criminal matters within fifteen days of service. If the objection succeeds, the investigation continues.
- The indictment. Where the evidence suffices, the prosecutor draws an indictment and sends it to the court. If the court accepts it, the prosecution begins.
- Joining as an intervening party. As the victim you may join the prosecution as an intervening party: attending hearings, filing evidence, making submissions and appealing against an acquittal.
How Long Is the Deadline?
- The six-month period. For offences subject to complaint this is a forfeiture period; once it passes the complaint is not accepted. Keep evidence — correspondence, messages, witnesses — that shows when you learned of the offence.
- General limitation for other offences. For offences not subject to complaint the general limitation period ranges from 8 to 30 years according to gravity. Immediate action may not be strictly necessary, but evidence disappears with time.
- A complaint without evidence is weak. Complaints unsupported by witnesses or documents frequently end in a decision not to prosecute. Gather your evidence before you complain.
- The risk of a false accusation. A complaint based on untrue or invented facts may itself constitute the offence of false accusation (Article 267). Confine the petition to what you know; avoid speculation.
The single most useful line in a complaint is often not an allegation but a location: which camera holds the footage, which bank holds the transfer, who witnessed it. Camera footage in particular is overwritten within weeks, so ask expressly that it be obtained.