This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Şikâyetten Vazgeçme ve Uzlaşma: Geri Alınabilir mi?.
Withdrawing a complaint has effect only in offences prosecuted on complaint; it does not stop an investigation into an offence prosecuted of the prosecutor's own motion. A withdrawal may be made until the judgment becomes final, and as a rule it cannot be taken back. So before withdrawing, think about what happens to your claim for damages.
You reported an offence; time has passed, the parties have made peace, or you would rather the matter did not grow. The first thing that comes to mind is withdrawing the complaint.
But withdrawal is a sharper decision than it looks. It does not have the same effect for every offence, in most cases it cannot be taken back, and it can affect your claim for damages. Those three points need to be understood first.
For Which Offences Does Withdrawal Work?
Turkish criminal law divides offences in two for this purpose.
In offences prosecuted on complaint, the investigation begins only on the victim's complaint, and withdrawing it brings the file to an end. Insult, simple intentional injury, some forms of threat, abuse of trust and violation of the inviolability of the home fall into this group.
In offences prosecuted of the prosecutor's own motion the position is different: the prosecutor opens an investigation as soon as the offence comes to their attention, and the victim's withdrawal does not close it. Aggravated injury, drug offences, forgery of official documents and most sexual offences fall into this group. Here a withdrawal is only a piece of evidence and a matter going to discretion; the investigation continues.
The first step, then, is to establish which group the offence in your file belongs to. Filing a withdrawal in an offence prosecuted of the prosecutor's own motion will not produce the result you expect, but it can weaken your own statement.
| Situation | Result |
|---|---|
| Offence on complaint, investigation stage | A decision not to prosecute |
| Offence on complaint, prosecution stage | An order discontinuing the case |
| Offence prosecuted of the prosecutor's own motion | The investigation and prosecution continue |
| Where there are several suspects | The withdrawal extends as a rule to all of them |
| Taking the withdrawal back | As a rule impossible |
| The claim for damages | A criminal withdrawal does not by itself affect the civil claim |
Settlement is a different institution: it involves an obligation on each side and is recorded in a settlement document. A withdrawal is a one-sided declaration.
How Long Can a Complaint Be Withdrawn?
Withdrawal is possible until the judgment becomes final, but its effect depends on the stage:
- At the investigation stage, the prosecutor makes a decision not to prosecute.
- At the prosecution stage, the court makes an order discontinuing the case — but with one condition: the defendant must accept the withdrawal (Article 73/6 of the Criminal Code). A defendant who wants an acquittal may refuse, and the trial continues.
- After the judgment is final, a withdrawal does not affect the execution of the sentence.
Where there is more than one defendant, a withdrawal in favour of one takes effect for all of them (Article 73/5). You cannot withdraw against one person only.
Can a Withdrawal Be Taken Back?
The rule is clear: no. Article 73 of the Criminal Code expressly provides that a withdrawal cannot be revoked. Once made, it cannot be retracted later on the ground that you have changed your mind.
That makes it one of the most irreversible steps in criminal proceedings. A withdrawal filed in an emotional moment, under pressure from the other side, or in the expectation that “we will sort it out anyway”, is permanent. Even if the other side breaks their promise, the complaint cannot be revived.
Nor does the complaint period come back. In offences prosecuted on complaint the period is six months from learning of the act and of the offender (Article 73). After a withdrawal you cannot complain again within that period: the withdrawal exhausts the right.
How Settlement Differs
Victim–offender settlement is confused with withdrawal, but it is a separate institution. It is governed by Article 253 of the Code of Criminal Procedure and is a mandatory stage: in the offences it covers, the prosecutor must send the file to the settlement office.
It covers, as a rule, offences prosecuted on complaint together with certain others listed in the Act. The mediator meets the parties, and if agreement is reached a record of settlement is drawn up.
The crucial difference from withdrawal: the record can fix an obligation — payment of a sum, making good the loss, refraining from certain conduct. If the obligation is not performed, the record is enforceable as a judgment and can be put straight into enforcement. Settlement therefore binds the other side to something with a sanction behind it; a withdrawal guarantees you nothing in return.
So where agreement has been reached with the other side, the settlement route protects you far better in most cases than a bare withdrawal.
What Happens to Your Claim for Damages
The criminal investigation and the civil claim are separate routes. Withdrawing a complaint does not as a rule remove your right to claim pecuniary and non-pecuniary damages; those claims can be brought separately in the civil court.
But two points need care. First, if the withdrawal contains a general release — wording such as “I have no remaining rights or claims” — that statement becomes evidence against you in the civil proceedings. Write expressly in the withdrawal that your claims for damages are reserved.
Second, a decision not to prosecute or an order discontinuing the case does not bind the civil judge — but the evidence in the file will no longer be gathered either. Camera footage, witness statements and expert reports that a criminal investigation could have obtained are never collected once the file closes early, and you will have to obtain them yourself for the later civil claim.
Under Article 73 a withdrawal cannot be revoked, and you cannot complain again even within the six-month period. If you have come to an agreement with the other side, consider settlement with an obligation in it rather than a bare withdrawal: the record of settlement is enforceable as a judgment.
Frequently Asked Questions
Does withdrawing a complaint close the file?
Only in offences prosecuted on complaint. Where the offence is prosecuted of the prosecutor's own motion the investigation continues, and the withdrawal only goes to discretion.
Can I take a withdrawal back?
No. Under Article 73 it cannot be revoked, and you cannot complain again for the same act even if the six-month period has not expired.
What happens if I withdraw after proceedings have started?
The court makes an order discontinuing the case — but the defendant must accept the withdrawal. A defendant seeking an acquittal may refuse, and the trial continues.
How is settlement different from withdrawal?
Settlement fixes an obligation on the other side and is recorded in a document that is enforceable as a judgment. A withdrawal is one-sided and guarantees you nothing.
Can I still claim damages after withdrawing?
As a rule yes, in the civil court. But avoid any general release wording in the withdrawal, and remember the criminal file will no longer gather evidence for you.