How to Open a Criminal Case, How to Start a Criminal Case
Criminal proceedings begin with the investigative stage. Stage C of the investigation. It includes the collection of evidence by the prosecutor and law enforcement agencies on the relevant complaint or criminal complaint, research, investigation of whether there is a connection of Decency between the alleged unlawful act and the alleged perpetrator and the alleged perpetrator.
The investigation stage differs in terms of crimes subject to complaint or crimes that will be investigated if you re. There is a 6-month statute of limitations for crimes subject to complaint. During this period, law enforcement agencies such as the police, gendarmerie, or C. If he does not notify the complainant through the prosecutor’s office that he has filed a complaint, the alleged crime committed becomes non-prosecutable because the period of the complaint in question has expired. A criminal complaint means a denunciation, but the victim or 3. it can also be done by people.
The Public Prosecutor conducts the investigation phase, which begins with a complaint or a criminal complaint. In this context, it accesses the evidence with the law enforcement agency, which is a subordinate in judicial terms, completes the research and may request information from the relevant institutions and organizations to investigate the requests and requests in accordance with the law, and may give instructions to take action.
If the public prosecutor collects evidence related to the investigation of a judicial incident, he is required to file an indictment. The issued indictment shall be deposited with the authorized and authorized criminal court. The criminal court is required to examine the indictment in question in accordance with the Code of Criminal Procedure. As a result of the examination, an indictment is accepted within a fifteen-day period or in order to complete the deficiencies. He will be returned to the prosecutor’s office. Upon completion of the deficiencies, an indictment is accepted and a criminal case is opened. During the Deconviction period, the criminal case is technically not considered to have been opened.In other words, the criminal case (the prosecution stage) begins with the acceptance of the indictment.
C.The prosecutor may decide that there is no room for prosecution at the investigation stage without organizing an indictment. In this case, as a result of the collected evidence and the investigation conducted, it is concluded that there are no findings sufficient to open a criminal case against the suspect (perpetrator of the crime). C. With the decision of the prosecutor’s office that there is no place for prosecution, the relevant complaint or criminal complaint is terminated without opening a criminal case. 3. The complainant, the victim or the person who has filed a criminal complaint against the decisions that there is no place for the given prosecution. the right of appeal of the person is reserved.
As we mentioned briefly above, criminal cases, unlike civil cases, cannot be opened at the individual will of people. Therefore, whether the complainant who is in the position of victim or the suspect who is in the position of perpetrator should take the investigation stage as the basis of the trial and carefully follow the process from the investigation stage to the Supreme Court stage. Because the consequences arising as a result of criminal proceedings are sometimes more severe than the decisions of the civil court.
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