Turkish Law

How to Lodge a Complaint?

I am a victim of a crime, I want to file a criminal case!
The authority to file a case in criminal courts belongs to the Public
prosecutors. If you are a victim of a crime, upon your complaint
to the public prosecutor, he will conduct an investigation and file
a criminal case on behalf of the public if he deems necessary.

Which issues cannot be complained to the Public Prosecution
Office?
The complaints made to the Public Prosecution Offices should
always be related to a crime. Civil cases such as payment of rent,
divorce or failure to pay a debt are not within the competency of
the public prosecution office. For those issues, application should
be made to the civil courts. It may be useful if you consult to a
lawyer thereon.

How to lodge a complaint?
A complaint is informing public prosecution office or law
enforcement agencies (police, gendarmerie) about the crime
that you have been exposed to, the name of the perpetrator/s,
if you know, and explicit declaration of your request concerning
the punishment of the perpetrator/s. It will be useful to bring a
petition describing the incident with you, but not compulsory.

What will happen if my complaint is not real?
The incident that you have complained should occur or the
person you have complained should be the suspect of the said
crime in reality, at least there should be reasonable justification
for you to think in this way. In case you file a complaint on
purpose on an incident which has not happened, you may be put
under investigation due to creating "false charges" and in case
you complain about someone who you know not have committed
a crime, you may be put under investigation due to "libel".

What should I do?
Civil cases are filed and resume upon the will of the parties.
However, criminal cases are initiated on a request made on behalf
of the public and the public prosecutor is the party of the case
on behalf of the public. Therefore, procedures are simpler when
compared to that of civil cases. It is sufficient that one (you)
notifies the crime to the authorized bodies. It is not likely that you
are deprived of your rights because of the procedure as it is the
case in civil courts.

Can I Participate in the judicial process?
Trial is conducted on behalf of the public in criminal cases.
However, the state entitles you to a certain extent to participate in
the trial process with the prosecutor since you are the victim of a
crime. If you file a complaint or participate in the case, then you
are entitled to be involved in certain proceedings.

What is the Difference Between the Victim and the Complainant?
Victim is the person whose rights have been violated by
commission of a crime. The requests of the victims from the state
to punish the perpetrators are called "complaint". Every victim is
not always a complainant. Therefore, this distinction exists.

What Will Happen if I do not complain?
Sentence of some petty crimes is based on the complaint of the
victim. However, complaint is not necessary in the punishment
of serious crimes. The perpetrator is sentenced even if the victim
does not file a complaint. However, the victim who does not
complain cannot benefit from some civil rights.

Is Complaint and Notice the same?
Whenever a crime is committed, public order is distorted.
Therefore the public empowers the public prosecution office to
prosecute the crimes. Everyone may inform the law enforcement
agencies or public prosecution offices about a committed crime.
Complaint is a right granted to victims; however notice may be
filed by everyone. Complainant may participate in the trial, but the
owner of the notice has no right to do this.

What is Intervening to the Trial?
When a public case is filed, complainant may intervene in the
trial and may be a party to the judicial proceedings. Intervention
is a procedural transaction and it is conducted by declaring
your intention to the court. If the court approves the request
then intervener becomes party to the judicial proceedings. For
instance, the intervener may present a witness, ask questions to
witnesses via court, and appeal against the decision. Intervention
does not mean to be present at every hearing. It means to be a
party to the case in the procedural sense.

Is a lawyer necessary?
Public officials deal with the necessary transactions on behalf
of the victims or those affected by crime. If the victim or the
person affected by crime is a minor, deaf or mute, or mentally
disabled, an attorney will directly be appointed for them. It is always
advantageous for you to represent yourself by a lawyer but it is
not compulsory. Victims of sexual crimes and of the crimes that
have a lower limit more than 5 years of imprisonment may ask for
a free lawyer from the bar provided that they have an intervener
status in the case. When the victim or the person affected by
crime is a minor, deaf or mute, or mentally disabled and s/he
cannot defend himself/herself, it is a legal obligation that they
are represented by a lawyer. In case they have no lawyer, the
bar appoints one for them. Fee of these lawyers is paid by the
one who loses the case or assumed by the state in case of an
acquittal.

How can you enjoy your right to conciliation?
The public prosecutor invites the perpetrator to public prosecution
office in cases where the law allows. He asks if the perpetrator
accepts the liability arising from the concerned crime. In case
the perpetrator accepts the crime as well as paying the whole
or important part of the material and moral loss arising from
the concerned action or compensating the losses, you will be
notified thereon. In case you accept with your free will that your
loss is compensated partially or completely and declare that you
reconcile, there will be no further prosecution.

A Notification Document Came From the Courthouse !

Every "document" which comes from the courts, public prosecution
office or civil enforcement offices is sent to inform you about an
official process. The document which is sent by these authorities is
called "notification".

What should I do when a letter is sent by the courthouse?

When you read the letter carefully, you will see it contains all the
necessary information. If you think that the information in the
document is complicated or incomprehensible, you can ask advice
from a lawyer. If you take the notification and go to the courthouse,
the Information Desk staff will help you as well. Keep in mind that
every document sent by the courthouse is sent for an official purpose
and most probably, it is a time limited document.

What is the notification for?

The notification is sent in order to inform you on a judicial process.
The State informs you when your testimony or help is needed
concerning an issue which may be against or in favour of you and
expects you to protect your own rights or tell about your information
or experiences or submit your complaints. Do not forget that the
notification may be about any subject. The notification may be sent
for various reasons such as inviting you to the court as a witness,
informing you that an enforcement (seizure) procedure has been
initiated against you because of your unsettled debt or informing you
on the date of a hearing and so on. The court or authority which
sends the notification or its purpose is indicated on the document.
Please read it carefully.

How can I understand who sent the notification?

The name of the sender is written on the top left corner of the
notification. For instance, the 2nd Civil Enforcement Office of
Istanbul or Civil Court of First Instance of Ankara. Furthermore,
there is a number indicating the type of action. This number is called
registration number.

What is registration number?

The courts give a separate number for each file in order to carry
out the proceedings in an organised way. This number is called
registration number and abbreviated as "E". There is a simple logic
behind this number. The first part of the number shows the year in
which the case is filed and the second part indicates the sequence
number of that case among all the cases filed in the same year. It
is indicated in this way: "E:2019/20" or "E:19/20". Since each court
gives a separate number, the files are named with the name of the
court. For instance, Assize Court of Istanbul E:2018/2020.

What should I do with the notification?

You must keep the notification. You will need the information on it.

I received the notification, what if I do not do anything?

There is a wide-spread misperception among the society that "judicial
process does not start, if I don't do anything although I receive the
notification". Whatever you do, do not make the mistake of doing
nothing after you receive the notification. When the notification finds
you, the judicial action starts. Keeping silent means you endanger
your own rights. In civil courts, when you do not respond to the
lawsuit against you, it is supposed that you deny all the claims.
However, when you do not follow the case, it means that you waive
many of your rights such as submitting evidence to the court and
responding to the evidences presented by the other party. In case
you do not do anything after receiving notifications such as "payment
orders" from civil enforcement offices, it may result in various
losses of rights.

What happens if I do not take any action?

Keep in mind that the State does not let the things be delayed. Each
action has its own duration. The moment you receive the notification,
the duration of that certain action starts. You may lose your right to
object, you may lose your rights, you may get into debt, you may be
assumed that you accept the debt, even in some cases you may be
taken by force by the police.

They left the notification to the neighbourhood governor, what if I do
not receive it?

If you are not at home, an information paper is left to the door and the
notification is left at the office of the neighbourhood governor. The
day on which the notification is left to the neighbourhood governor
shall be assumed as the date you receive it. Even if you do not receive
it physically, the legal process starts. All undesirable circumstances
which are mentioned above may happen to you.

They sent the notification to my previous address; I was not informed
about it!

In case of a change of address, it is your responsibility to declare the
new address to the relevant authority. If you do not declare your new
address, the notification is sent to the address which is registered in
the Civil Registry Office. Therefore, you should always submit your
updated address to the Civil Registry Office.
Even if you have never resided in or moved from the address
registered in the Civil Registry Office, the notification letter is given
by signature either to the head of district - a member of the district
council or municipal police commander - officers. Furthermore, the
delivery address is written on the notification letter and this letter is
taped on the door of the concerned address. The date on which the
notification is taped to the door is regarded as the notification date.
In case you have no registered address in the Civil Registry Office,
a copy of the notification is left to the door of the previous address
and that date is regarded as the notification date. After this date,
notifications made to your previous address are deemed to be made
to the addressee.

How to file a case (*) in Turkey?

A case is filed through a petition submitted to the court registry, what a petition should contain is stated below: a civil case is filed once you attached to your petition the receipt indicating that you paid the postal costs and the trial fee.

(*) Filing a case

Filing a case means to claim a right suing a person or an agency before a court. In case you have subjected to an unfair treatment the court shall intervene and deliver your right after they tried the case.


Filing a case is simple such as that ?

Yes, all it takes to file a civil case is to deliver the petition to the court registry with postal costs and legal fee receipt attached. Despite it seems too easy its a highly formal procedure entails severe legal consequences and huge financial burden.
Remember. Despited the filing phase is simple as that. The entire process is extremely severe and sometimes could be time consuming.

How long an avarage case takes?

According to the statistics of the Justice Ministry. In 2007 it took 202 days to try a case, that changes from court to court. For instance, a case filed in Intellectual Property Civil Court has been tried in 619 days, that figure changes In the Commercial Court as 410 days, In labor Courts as 441 days, in Family Courts as 157 days, in Civil Courts of Peace as 108 days.

Is it better if I dont file a case?

It your constitutional right to apply to courts and seek justice. Do not refrain from exercising your rights. But in doing so it would be in your favor to you deeply assess before you launched thep process. the possible consequences in terms of winning and loosing and prospective financial consequences when you lost.

Where should I file the case?

You should file the case in the competent and assigned courts. Since the question as to which court is competent and assigned has no short cut answer and filing a case in an incompetent court would possibly result in time and money losts, you'd better consult to and advocate and ask for professional help.

What should I know before filing a case?

If you are not in a position to afford a lawyer ask your selves the questions below:
•Are you sure you are informed well enough to file a case?
•Are your determined as to pursuing your case? Ignoring the presence at the court once you filed a case results in the
case being deemed unfiled.
•Have assessed the negative consequences in case you loose the case? If you hired a lawyer you'd better ask him/her to inform you on that
•How much the case would cost to you?
•What is the avarage amount of the additional costs in case you loose (legal fee, trial costs, lawyer costs etc)
•Is there any other way available to fix the unfairness you have been through.


The overall layout of a petition :

The petition is the key tool in a civil case. State your case touching the core issues. Writting longer than necessary, giving room to unnecessary detailes, mentioning irrelevant people could damage your case. Likewise a petition written way shorter than necessary and skipped the core aspects , would harm the case as well. Therefore the petition should be drafted in due diligence. Drafting your petition title by title, listing your evidences, putting your attachements in order would be in your favor.

What a formal petition should contain?

• Name
• Surname
• ID number
• Plain address
• Name and surname ID number ( if possible) of the defendant,
• Title if its an agency
• The subjectmatter of the case
• The reason why you file the case
• The claim
• The legal grounds you based on
• Evidences
• The date of the incident has occured and the date you have found out.
• Jurisprudences of the supreme court ( if possible) and samples of previously tried cases.

Is it compulsory to hire a lawyer?
No, it is not. Remember an attorney would be of great help in the course of a litigation. In case you are not sure that , you are well informed in litigation and procedural law consult to a lawyer. If you are not in a position to afford a lawyer remember that you are entitled to a pro bono lawyer. To get that free legal aid. You need to apply to the bar association of your city, For more information please see. the legal aid brochure

How much cost to file a case , expensive or cheap?
Yes, Filing a case could sometimes be expensive, legal fees are not so high in comparison to the fees in Europe. But still depending on the nature and the time to be invested. Expenditures could get higher than estimated. You should get ready to the unexpected expenditures and find out what the possible expenses are. In the course of the trial legal expenses are demandend from the claimant. In case you dont pay the legal fees court by law would find that you vaiwed your right to file a case and that would be harmful for your case.

Could I be reimbursed?
If you win the case at the end the court would decide that the expenditures you made to be paid by your opponent. But remember only the court fees to be paid to you. The such expences as made in preparation to the case, transportation expenses and the
the wage you paid to your council shall not be reimbursed.

Am I entitled to enforce my right directly?
No, You need the judgment be finalised and the court fee decreed in the judgment must be paid and the judgment should be served to your opponent. The parties have right to appeal the decision. In case one of the parties appealed the decision. the decision shall become final after that stage is over.

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