Statute of Limitations in Criminal Cases
The statute of limitations in criminal cases is the end of the period in which the criminal proceedings or the execution of the penalty can be carried out after the crime has been committed. This period is regulated differently for certain crimes in the Turkish Penal Code (TCK).
So, how long is the period for which crimes?
Statute of Limitations
For crimes that require a prison sentence of less than five years or a fine:
Ordinary statute of limitations: 8 years
Extended statute of limitations: 12 years
For crimes that require a prison sentence of more than five years and less than twenty years:
Ordinary statute of limitations: 15 years
Extended statute of limitations: 22 years and 6 months
For crimes that require a prison sentence of more than twenty years:
Ordinary statute of limitations: 24 years
Extended statute of limitations: 28 years
Case of Interruption of the Statute of Limitations
In some cases, the statute of limitations may be interrupted and may start again. These situations are stated in the TCK as follows:
The crime is subject to complaint and the complaint is made within the time limit
The crime is filed for public prosecution
The defendant is caught or an arrest warrant is issued in absentia
The defendant confesses to the crime
The collection of evidence
Consequences of the Statute of Limitations
When the statute of limitations expires, a public prosecution cannot be filed or executed. This means that the criminal liability of the defendant is eliminated.
There are also some exceptions
In crimes that require aggravated life imprisonment: The statute of limitations does not apply.
In some crimes committed against the state: The statute of limitations is extended.
Things to Consider About the Statute of Limitations
The statute of limitations is determined according to the law that entered into force on the date the crime was committed.
The statute of limitations is calculated in one go without interruption.
The statute of limitations eliminates the authority to file a public lawsuit, but it does not affect private claims.
