Which Crimes Become Public Cases?
Crimes are generally divided into two, depending on whether they are subject to a complaint by the victim or not. Some crimes are investigated and prosecuted by the state ex officio (on its own initiative) because they directly threaten public order and the general security of society. Such crimes become the subject of a public case and the trial continues even if the victim does not file a complaint. So, which crimes become public cases?
Crimes Becoming Public Cases
Deliberate Killing (TCK art. 81-83)
Deliberately killing a person is one of the most serious crimes that directly threaten public order and is investigated by the state ex officio.
Deliberate Wounding (TCK art. 86-88)
Injuries that cause serious injury or seriously affect a person’s vital functions become public cases.
Sexual Assault and Child Sexual Abuse (TCK art. 102-103)
Sexual assault, harassment and especially sexual crimes against children are investigated by the state regardless of the victim’s consent.
Crimes of Narcotic or Stimulant Substances (TCK art. 188-191)
The production, trade and use of narcotics are subject to public litigation because they threaten public health.
Theft and Plunder (TCK art. 141-148)
The crimes of theft, robbery and plunder are tried regardless of a complaint because they damage people’s property and threaten public order.
Fraud and Abuse of Trust (TCK art. 157-160)
While the crime of qualified fraud becomes a public lawsuit, the victim’s complaint is required for the crime of simple fraud.
Terrorist Crimes and Crimes Against State Security (TCK Art. 302-316)
Terrorist acts, crimes committed against the state, espionage, etc. become public lawsuits and are subject to severe penalties.
Bribery and Extortion (TCK Art. 252-254)
Crimes such as bribery and abuse of office by public officials directly become public lawsuits.
Environmental Crimes (TCK Art. 181-182)
Public lawsuits are filed because pollution of the environment and damage to natural life are a concern for public health.
Forgery of Official Documents (TCK Art. 204-206)
Forgery of official state documents is prosecuted ex officio because it threatens public security.
What are Crimes Subject to Complaint?
Some crimes are subject to a complaint by the victim. For example; crimes such as simple injury, threat, insult, violation of privacy do not become a public lawsuit unless the victim complains.
Crimes that become a public lawsuit are generally serious crimes that directly threaten social order, public safety and health. For this reason, the state investigates and prosecutes these crimes regardless of the victim’s will. It is always the best approach to consult a lawyer to obtain detailed information about legal processes.
