How Long Does a Prosecutor’s Investigation Take? Tips
A prosecutor’s investigation is an important stage initiated in cases where there is suspicion of a crime in criminal proceedings. This process may vary depending on the nature of the incident, the speed of evidence collection, and the participation of the parties. Below, how long a prosecutor’s investigation may take, which factors affect the process, and tips to consider about the process are explained in bullet points.
1. Legal Duration of a Prosecutor’s Investigation
Basic Legal Durations: There is no fixed period specified for prosecutor’s investigations in the Turkish Penal Code. However, in general, the prosecutor’s office must complete the investigation within a reasonable period of time. The length of this period varies according to the type and complexity of the crime.
Detention of the Suspect: If the suspect is under arrest, the investigation is expected to be completed more quickly. Because the period of detention is limited and the prosecutor must prepare the indictment during this period. The investigation period for a person under arrest is generally limited to 6 months. However, this period can be extended up to 1 year in cases of crimes within the jurisdiction of the high criminal court.
Those Tried Without Detention: If the suspect is tried without detention, the investigation period may be more flexible. However, the concept of reasonable time comes into play here as well. The prosecutor’s office will have enough time to collect evidence and complete the investigation. This period is usually limited to a few months, but it can take years in some complex cases.
2. Factors Prolonging the Prosecutor’s Investigation
Evidence Collection Period: Depending on the nature of the incident, evidence collection may take time. For example, in a fraud investigation, collecting documents such as bank account transactions and correspondence may prolong the process.
Expert Reports: In crimes that require technical knowledge (for example, cybercrimes), expert reports may need to be obtained. Since the preparation of these reports may also take time, they may prolong the investigation period.
Hearing Witnesses: Situations where a large number of witnesses or victims need to be heard may slow down the investigation process. In particular, statements from witnesses located in different cities or abroad may be taken over a long period of time.
Defense of the Parties: The suspect or the suspect’s lawyer may request additional time to prepare a defense. Such requests have the potential to prolong the process.
3. Precautions That Can Be Taken Against Prolonged Investigations
Quick Collection of Evidence: Suspects and victims should cooperate with the prosecutor’s office to collect evidence quickly. For example, the earlier camera footage is obtained in a theft crime, the faster the investigation progresses.
Lawyer’s Involvement in the Process: An experienced lawyer taking an active role in the process ensures that the investigation is conducted more quickly and accurately. The lawyer may request the prosecutor’s office to speed up the collection of evidence.
Petitions and Objections: Parties who believe that the investigation is unnecessarily prolonged may apply to the prosecutor’s office with a petition and request that the process be accelerated. In addition, the prosecutor’s decisions may be appealed to the relevant authorities.
Alternative Solutions: The parties may seek reconciliation in disputed matters. For example, if the parties reach an agreement in a crime of intentional injury, the investigation may be concluded in a shorter period of time.
4. Conclusion of the Investigation
Decision of No Prosecution: In cases where the prosecutor cannot find sufficient evidence, he may issue a decision of no prosecution (a decision that there is no need for prosecution). This decision means that the investigation has ended. For example, a decision of non-prosecution may be given due to insufficient evidence regarding a company that allegedly issued fake invoices.
Issuing an Indictment: If the prosecutor finds sufficient evidence that a crime has been committed, he/she issues an indictment and opens the case. In this case, the investigation process ends and the trial phase begins.
Case Study: Fraud Investigation
The investigation initiated by the prosecutor’s office on a fraud claim lasted 8 months due to the collection of necessary documents from banks and business partners. The period became flexible due to the suspects not being arrested. However, when the collection of evidence was completed, the prosecutor evaluated the sufficient findings and prepared the indictment. The suspect’s lawyer submitted additional petitions to speed up the process due to the length of the investigation.
