Criminal law · Legal information

What Is Written in a Criminal-Complaint Petition?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

In a criminal-complaint petition the act, the date, the evidence and the request are written apart. Inventing the name of the offence is not required. The public prosecutor makes the characterisation. The application is made in writing, or orally so that it is entered in a record, to the law-enforcement unit or to the chief public prosecutor's office. The arrangement specific to fraud is in the article on a fraud complaint. The elements of the offence of insult are in the article on the offence of insult. This petition does not build the period calculation of those two headings.

The sentence of the act does not choose a statutory article

The act is who did what, and in which order. A label of "I was defrauded", "I was insulted", or "I was assaulted" does not stand in for the act. The label may come after the sentence of the event. A statutory article is not a condition of validity of the petition. A wrong name does not erase an act that was told correctly. A right name does not complete a movement that was not told either. The prosecutor does not have to stay bound to the article you wrote. You do not have to fill, by a guess, an article you do not know either.

If there is more than one movement, each movement carries its own sentence. If a word, a contact, and a payment are crushed under the same label, which one was told mixes. If the person's name is known, the name is written. If it is not known, the known state, account, plate, or place is written. An identity is not invented for a person you do not know. If there is more than one person, each one's own movement stands apart. Not everyone who was beside them is treated as the person who did the act. What you saw and what you heard are written in separate sentences.

A plain sentence of the act may be built like this. At such a place, the person you know, what they did to you or to your property. In which order they did this. What you saw. This example is not a real file. The name of the offence is not invented in the example either. The sentence ends with the movement, not with the name of the feeling.

The date and the place are written as far as they are known

The date is written as the known day. If the day is not certain, it is said approximate, and why it is approximate is added. An hour is not invented. The place stands as far as the street, the workplace, the home, or the account name is known. An unknown address is left blank. The gap is not filled with a guessed street. The place where the event happened and the place where the complaint is given do not have to be the same. If the two are mixed, the record may be read at the wrong authority.

If there is more than one event, each event carries its own date line. If the events are crushed in a single paragraph, which act belongs to which day mixes. If the first event and the later event are not the same day, they are not written on the same line. A remembered order is not corrected with an invented hour. If night and day mix, it is written that they mix. It is not built as if there were a certain hour.

In offences that depend on a complaint, the will being notified late may cut the way of the investigation. This petition does not put a day from memory for insult or for another offence. If it is known when you learned the act and the perpetrator, that day is written separately. The day of learning may differ from the day of the event. If the two are taken as the same, the calculation of the period is tied to the wrong place. The calculation itself is read from the statutory arrangement of the relevant offence. This page does not list that calculation by the name of the offence.

Evidence is not a repetition of the account

The evidence list stands separately under the act. On each line, the type of the document, where it is, and which sentence of the act it shows are written. If there is correspondence, an image, a receipt, or a health paper, the writing on the original is not changed. The list is not used to tell the same story a second time. Drawing an arrow on the document makes the sentence of the person who drew the arrow the sentence of the document. If a mark is needed, the mark is content with saying in the petition which page it looks at.

If the document is not yet in hand, it is written with whom the document is and which fact it will show. A sentence of "let every record be brought", if it has no place and no time interval, leaves the request uncertain. If a camera is asked, where the camera is, which hour interval it is, and what it is expected to show. If there is no interval, the record may not be found either. Entering someone else's account, telephone, or system without authority is not gathering evidence. A screenshot does not stand in for the original record by itself. If the original stands, the original is kept. If there is no original, where the image was taken from is written. The image is not cut, writing is not added on it, and it is not joined with another montage.

If there is a witness, their name and what they saw are written. A sentence is not made the witness memorise so that it will be used in the record. Writing a detail you did not see as if the witness saw it weakens your own statement too. Saying "I do not know" is sounder than inventing.

The request line does not carry an amount of punishment

The request is that the act be investigated and, if there is one, that the will to complain be entered on the record. A line of a year of imprisonment or of a fine is not written. A sentence that a punishment will be given is not put on the request line. In an offence that depends on a complaint, the will expressly says that you are the complainant. A report sentence and a complaint sentence are not melted on the same line. A report notifies an event. A complaint puts that you, as the person harmed by the offence, want that event investigated. In a petition written without separating the two, the will stays uncertain.

The form may stand like this. The act line writes who did what. The date line writes the known day and place. The evidence line writes where the record is and which interval it covers. The request line writes that the person is a complainant and that an investigation is asked. This form is not a real file. The name of the offence is not invented in the example either. The fact that you were harmed may be written. An amount, a rate, and a method of non-pecuniary harm are not put on this line.

The signature stands on the same document as the name of the person who gives the petition. If it is given in someone else's name, a power of attorney or a representation record is added. If there is no record, someone else's complaint is not built from this page. In a child's bodily injury, the parent tells what they themselves saw, in their own name. That door is not the example of this general petition. Here the signature belongs to the person who gives the complaint.

The place of the application does not break the four parts

The petition may be given to the law-enforcement unit or to the chief public prosecutor's office. An oral account is taken by being entered in a record. The record is not signed before it is read. A word that did not pass into the record is not treated as said. The place it was given does not change the separation of the act, the date, the evidence, and the request. The number on the receipt is kept. If there is no number, the later papers may not show which day and which authority they belong to. An application made through the governorship, the district governorship, or an embassy and a consulate abroad is also forwarded to the prosecutor's office. Having been forwarded does not complete the four parts by itself. A missing line stays missing at the place it was forwarded to as well.

If you gave a complaint earlier, the new paper writes the old investigation number. If there is no number yet, the day and the place of the first application are written. Telling the same event like a new offence without a number may give the impression of two separate files. An additional document states which sentence of the old act it meets. If there is a new act, that act is written in a sentence separate from the old act. The two are not joined in a single paragraph.

The later corridor of the investigation is in the article on how a prosecutor's investigation works. If a summons comes for a statement, the summons paper does not stand in for this petition. What will be asked on the summons is not prepared on this page. You tell the fact you know. You do not fill the place you do not remember with a guess. The general list of a victim's rights is in the article on how a victim's rights are used.

Identity and the service address are not left blank

At the head of the petition stand the name, the surname, and the address at which you can be reached. If there is no address, the prosecutor's office may not be able to deliver a request for an additional document or a summons for a statement. Not being reached does not mean the complaint was never given. Even so, the later paper may not show which application it will be tied to. If a telephone number is known, it is written. The number is not the evidence of the act. The evidence stands on a separate list.

The document that shows your identity is shown together with the petition. A copy of the document does not change the writing on the original. If you use a passport or a foreign identity, the name on the document is written the same as the name on the petition. If it is written differently, the authority may take them for two persons. A correction is not scribbled on the document. The correction is on the petition's own line.

On an oral application, the officer enters what you told in a record. The record is read to you, or you are asked to read it. A detail that did not pass into the record is not treated as said afterwards. The line you see as missing, you state before the signature. The signature means you saw the text. A signature put without seeing does not correct the wrong day on the record by itself. If you notice the wrong day afterwards, the correction is written with a separate statement that carries the old receipt number.

Conclusion

The petition separates the act, the date, the evidence, and the request. The name of the offence is not invented. The will to complain stands apart from the report sentence. The receipt number is kept. A later addition carries the number of the old application. The frame is on the criminal law page. For a blank line on the petition, contact may be used. The procedural basis is the provisions of the Criminal Procedure Code No. 5271.

Legislation

Frequently asked questions

If I do not write the criminal article, is the petition not accepted?

Acceptance does not depend on an article number. The act, the date, the evidence and the request should stand apart. The public prosecutor makes the characterisation. A wrong name does not erase the act that was told. A right name does not complete an act that was not written either.

Is a complaint made while there is no evidence?

It is. The document in hand is written on the list. A record not yet in hand may be asked for by stating with whom it is and which fact it will show. The act line is not left blank because there is no document. Entering someone else's account without authority is not gathering evidence.

Are a complaint and a report the same sentence?

They are not the same sentence. A report notifies that an act was learned. A complaint expressly puts the will of the person harmed by the offence that there be an investigation. In an offence that depends on a complaint, this will stands separately on the request line. The two words are not melted on the same line.

Are fraud or insult also built with these four lines?

The four parts are the skeleton of the general petition. The application specific to fraud is in a separate article. The own elements of the offence of insult are in a separate article too. This page does not rebuild the period calculation and the special document list of those two headings. The act is still written in a plain sentence.

Is a petition given at the police station invalid at the prosecutor's office?

A law-enforcement record is an application that reaches the prosecutor's office. The act, the date, the evidence and the request still stand apart. The receipt number is kept. If an addition will be made to an application given earlier, the new paper writes the old number. If there is no number, it is stated on which day and to which authority it was given.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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