Offences prosecuted on complaint and the complaint period

For most offences, an investigation starts ex officio as soon as the offence becomes known. For offences that the law describes as prosecuted "on complaint", a complaint by the person entitled to make it is required for investigation and prosecution.

Examples

• intentional injury that can be treated by simple medical intervention (TCK 86/2),
• threatening serious damage to property or other harm (TCK 106/1),
• sexual assault in its basic form (TCK 102/1), and sexual assault by inserting an organ or object into the body committed against a spouse (TCK 102/2),
• theft between co-owners or to collect a debt (TCK 144),
• fraud committed to collect a debt (TCK 159).

Intentional killing, injury with a weapon, aggravated theft and robbery are not subject to a complaint.

Complaint period (TCK 73)

• If the person entitled to complain does not do so within 6 months, no investigation or prosecution may be conducted.
• The period begins on the day the person entitled to complain learns of the act and the identity of the offender, and may not exceed the limitation period for prosecution.
• For the offence of insult, the complaint period may in no case exceed 2 years from the date of the act. This provision was added by Law No. 7531 of 7 November 2024.
• If one of several people entitled to complain misses the deadline, the rights of the others are not lost.

Withdrawing a complaint

• Unless the law provides otherwise, withdrawal of the complaint by the person harmed by the offence leads to dismissal of the case. Withdrawal after the judgment has become final does not prevent enforcement of the sentence.
• For an offence committed jointly, withdrawal in respect of one defendant also covers the others; however, it does not affect a defendant who does not accept the withdrawal.
• If the person withdrawing also expressly waives their personal rights, they can no longer bring an action before a civil court.