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How to lodge a Complaint?
A complaint is informing public prosecution or law enforcement
office about the crime that you have been involved as a victim,
the name of perpetrator/s, if you know, and your explicit
declaration of will concerning punishment of the perpetrator/s.
It will be usefull to bring a petition describing the incident
with you, but not really necessary.
WHAT SHOULD I DO ?
Civil law suits are sued upon to the will of the parties.
However, criminal cases are launched on the basis of a request
on behalf of the public and public prosecutor is the party of
the case on behalf of the public. Therefore, procedures are
simpler compared to that of in civil cases. It is sufficient
that one (you )informed the crime to the authorities. It is not
likely that you are deprieved of your rights because of
procedures.
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Can I Participate to the judicial process?
Trial is conducted on behalf of the public in criminal cases.
However, state entitles you to a certain extent to participate
to the trial process with the prosecutor just because you are
victim of the crime. If you complain or participate to the trial
process then you are entitled to be involved in several
proceedings.
What is the Difference Between the Victim and the Complainant?
Victim is a person whose rights have been violated by commission
of a crime. The request of victims concerning punishment of the
perpetrators is called complaint. Every victim may not be
complainant. There fore this distinction exists.
What Will Happen If I do not Complain?
Punishment of some crimes (misdemenaours) is based upon
complaint of the victim. However complaint is not necessary in
the punishment of serious crimes. The perpetrator is punished
even if the victim does not complain.
Are Complaint and Denunciation the same?
When ever a crime is committed public order is broken (distorted)there
fore public entitles (empower) public prosecution office to
prosecute the crimes. Everyone may inform the law enforcement
public prosecution offices about a committed crime. While
complaint is a right granted to victims, denunciation may be
processed by everyone. Complainant may participate in the trial,
but informant has no right to do this.
Then, What is Intervening to the Trial?
When a public case is filed, copmlainant may intervene in the
trial and may be 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 intervenor becames party to the judicial proceedings. For
ex. intervenor may submit vitness list, ask questions to
vitnesses via court, appeal 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 Lawyer necessary?
Public officers shall deal with the necessary transactions on
behalf of the victims or any other person whose rights have been
violated. It is of your advantagous to represent yourself by a
lawyer but it is not compulsory. Victims of sexual crimes and
crimes that have a lower limit of more than 5 years of
imprisonment may ask for a free counsel from the bar provided
that they are intervenor. If the victim or person whose rights
have been violated is minor, deaf or dumb, or mentally disabled
so that he can not defend himself then it is compulsory to
provide a counsel. If they have no counsel bar appoints one for
them.
I am a Victim: I want to Launch a Criminal Case:
Public prosecutors are only entitled to bring a file before the
court in criminal law. If you are a
victim upon your complaint to the public prosecutor he will
conduct the investigation and bring the file before the court. |
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