Private international law · Legal information

Where Does a Foreign Victim of an Offence Write the Complaint?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A foreign victim's complaint of an offence is written on the police or public prosecutor's office minute. The record is read independently of the period of the residence card. The interpreter line stands apart from the complaint sentence. The elements of a particular offence, and how an offence would be committed, are not in this writing. An image of the event is not here either.

At which desk the complaint is written

The place the victim reported is the police or the public prosecutor's office. The document that is read is the complaint minute kept at that unit. A sentence that the person applied orally does not take the place of the minute. A complainant, a date, and the name of the unit are looked for in the heading. If there is no unit name, the paper is not read as a completed complaint record. If there is no date, the record is not treated as completed without it being known which day it belongs to.

Identity being asked does not change the subject of the complaint. A passport or a residence card shows who the person is. The card's end day may fall onto the identity line. That day is not written in place of the event section. If the event section is empty, a photocopy of the card is not treated as having completed the complaint. If a record was never kept, this text does not assume a complaint that was kept. Assuming would produce a file number that does not exist.

A complaint and a report may not be the same paper. If the minute says complaint, the status of complainant is read from that heading. If the minute says report, the heading stays as a report. This page does not list which offence depends on a complaint. If the list is on the characterisation line of the writing in hand, it is read from there. If there is no line, a characterisation is not invented. Characterisation is not a description of how the event was committed either.

If there is more than one minute, each carries its own date and unit name. The minute at the police does not of itself become the same paper as the record number at the prosecution. If the number stands on the prosecution paper, that number is read from there. The number on the police minute is not copied as the prosecution number. Even if the two papers carry the same account, their headings stay apart.

The card's end date is not the subject of the complaint

Even if the card has ended, the complaint record is not treated as closed from the end line. If there is a record, the subject is the event section of the minute. Extension of the card is a separate administrative act. A residence permit not being extended is read from the notice of that act. An extension writing is not pasted onto the complaint minute. The reason for non-extension does not take the place of the event section.

The complaint is not a removal decision either. If there is a removal paper, it has its own text and its own service. While that paper is not there, a result of taking the person out of the country is not built from the minute. An objection to a removal decision belongs to the administrative decision that has been served. Even if the two papers were drawn up on the same day, one does not become the reason of the other. The complainant being a foreigner does not turn the minute into a removal decision.

If there is no card at all, the minute is not erased because of the absence of the card. If identity was established with a passport, the passport line is for identity. The passport period is not written into this text as a condition of accepting the complaint. If the condition is written separately on the minute, it is read from there. If it is not written, a period obstacle is not invented. A result is not promised as if there were no obstacle either. A promise would be a ruling that an investigation will be opened. A ruling is not built outside the minute.

Where the interpreter line is on the minute

The interpreter line is separate from the complainant's account line. A language, the interpreter's name, and a place for a signature are looked for on the line. If the line is empty, the minute does not show that an interpreter took part. An empty line is not treated as filled later by word of mouth. Whatever was written is what is read. If a name is written and the language is empty, the language is not completed from the existence of the name. If the language is written and the name is empty, who translated is not certain.

This line belongs to the victim's complaint minute. The translation record at the accused's statement session is another minute. How that session is set up is not here. The name on the victim line is not carried to the accused's session without a name being written. Carrying it would make the two minutes one minute.

If the complainant's signature and the interpreter's signature stand in the same box, it is not distinguished who undertook which text. A signature that is not distinguished does not fill the interpreter line. If the minute was kept in Turkish and the line is empty, which language the victim spoke does not come out of that paper either. This gap is independent of the card's period. Even if the card is valid, an empty line does not fill of itself. Saying that a relative translated does not fill the line without a name being written.

How the translation would be misled, which word would be chosen, and how the account would be steered are not written. If a correction stands on the minute, it is read from there. If it does not stand, a correction is not added from this page.

A protection order is a separate document

A protection order against violence is not the minute of the criminal complaint. A protection request is a separate application. A protection order against violence is read from that document. This page does not narrate how the event passed, the injury, or the content of a threat. The scope of the protection order is not copied by rote onto the complaint minute. The scope is in the own clause of the protection order. If there is no clause, the scope is not produced from the complaint sentence.

Whether the period of family residence changed with the protection record is not read from the complaint minute. The two applications may have been made on the same day. One is the police or prosecution minute, and the other is the protection file. While there is no protection order, the complaint minute is not read as if a protection measure had been set up. While there is no complaint minute, the protection paper does not take the place of a criminal complaint either. Whether the order has become final is read from the protection file's own annotation. The annotation is not completed on this page.

Work and residence writings are not the complaint minute

A work-permit document is not a complaint record. If the name of the workplace appears on the minute, the name belongs to the line it appears on. The name does not mean the work permit was accepted. A refusal of a work permit is a separate administrative notice. The refusal writing is not pasted onto the event section of the complaint minute. The refusal does not drop the complaint. The complaint does not give birth to the refusal writing of itself either.

The name of the residence type does not set up the legal name of the event either. A short-term, family, or student legend is on the card. The legend does not say the name of the offence. If the name of the offence stands as a characterisation on the minute or in a later writing, it is read from there. If it does not stand, this text does not choose a name of an offence. Choosing would be counting elements. Elements are not under this heading.

If a workplace-accident minute, a wage payroll, or a hospital slip stands in the file, each is read under its own heading. These papers do not take the place of the complaint minute. While there is no complaint minute, the slip is not treated as a criminal complaint having been made. If the slip was attached to the complaint minute, the annex carries its own date. If there is no date, the annex is not widened as the event of the main minute.

The manner of committing an offence and its elements are not here

This heading does not count the elements of a particular offence. How an offence would be committed is not written either. What is read is where the record the victim reported stands. A discussion of elements is not opened in this text. The detail of the event, and a description of injury or of a threat, are not opened either. A description does not go beyond the sentence that stands on the minute.

A ready sentence formula is not given to the complainant either. Whatever is written on the minute is what it is. A line that was not written is not completed from this page. The period of the identity card is not put in place of the list of elements either. It is not promised that an investigation will be opened, that a public case will be brought, or that a result will come out. If the result is in the file's own decision, it is read from there. If there is no decision, a result is not written.

The frame of the criminal record is on the criminal law page. The stay document stands apart from the international law page. If the minute and the card are side by side, contact is made with the text of both.

The complainant's signature is looked for in a separate box on the minute. If there is no signature, the account line stands if the line stands. Its standing does not produce the existence of a signature. If there is a fingerprint or a mark, the mark is whatever it was written as on the paper. A consent that was not written does not close the signature gap. The gap is not a ruling that the complaint was never made either. The ruling is read only if the minute says this separately.

If the unit gave a copy of the minute, the number on the copy is compared with the main record. If there is no number, the copy is not read as a completed complaint file. If there is a number, the number shows the record the copy belongs to. The number of another unit is not pasted onto this copy. If it were pasted, the police record and the prosecution record would be taken as one number. One number is not built if two headings stand.

If the name of a person who was with the victim appears on the minute, the name belongs to the line it appears on. The name does not fill the interpreter box. The name is not a defence-counsel box either. The complainant is not the accused. If the accused column is empty on this minute, the gap is not completed with an accused's name. Completing it would be writing the elements of the offence and the manner of committing it from this page. That writing is not here.

Conclusion

A foreign victim's complaint is written on the police or public prosecutor's office minute and is read independently of the period of the residence card. The interpreter line is separate. Extension of the card, a work permit, a removal decision, and a protection order are other documents. The elements of an offence and the path of committing it are not here. The complaint record is in the frame of Criminal Procedure Code No. 5271. The name of the stay regime is Law No. 6458 on Foreigners and International Protection.

Legislation

Frequently asked questions

If the residence card has ended, is the complaint not written?

The complaint record is read independently of the card's period. An ended card is not the subject of the minute. Extension of the card is a separate notice. If there is no minute, the complaint has not entered the record either.

If the interpreter line is empty, what is read?

An empty line does not show that an interpreter took part. The minute is read as limited to what is written on the line. The line is not treated as filled by an oral completion.

Is the complaint minute a removal decision?

The complaint minute is not a removal decision. A removal act is read from a separate administrative decision that has been served. A result of taking the person out of the country is not built from the minute.

Are the elements of a particular offence here?

The elements of an offence, and how an offence would be committed, are not in this writing. The document that is read is the victim's complaint record. A description of the event is not made either.

Are a protection order and the complaint the same paper?

They are not the same paper. A protection order is read from a separate application. The complaint minute does not take the place of that order.

Related reading

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

Practice areas · Private international 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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