Article 65 – Legal courses to initiate an investigation and examination are as follows:
- A complaint from a complainant.
- Announcement and reports of judicial officers or persons whose words could be trusted.
- Crimes which are evident because the judge observed the crime being committed.
- Statement or confession of the accused.
Note – the commencement of investigations and examinations is subject to a referral from the director of the District Court.
Article 66 – Whenever a person declares that s/he has seen a crime being committed and the crime has a public impact, this statement is sufficient to initiate the investigations, even if there are no other reasons to perform the investigations. But if the person has not witnessed the crime, the investigations cannot be initiated only on account of that statement, unless there are reasons in support of its accuracy.
Article 67 – Reports and letters, of which the identity of the writers and reporters are not known, will not be the basis to start the investigation, unless they imply a very important event which might disturb the public discipline and security. Also, the investigation can commence if there is enough evidence that the judge considers sufficient enough to begin the investigation.
Article 68 – A complaint is enough to start the investigation; the judge cannot refuse it.
Article 69 – A personal complainant or plaintiff can make a complaint on his or her own, or through a lawyer. The following should be stipulated in a complaint:
- Name, last name, father’s name and exact address of the complainant.
- The subject of the complaint, date, and the crime’s location.
- The financial loss incurred, and the demand of the plaintiff.
- The personal information and address of the respondent or suspect if possible.
- Evidence, names and addresses of witnesses and those aware of the crime, if possible.
Note 1 – In District Courts where there are different branches, the complaint of the petition will be recorded in the registry, and will be referred to one of the branches by the director of the District Court.
Note 2 – If the petition is not complete or if it is verbal, it will be written in the minutes prepared by the Court’s office and signed or fingerprinted by the complainant.
Article 70 – When the complainant cannot identify the accused or the evidence is not sufficient to proceed – or the complainant rescinds the complaint, but the crime cannot be forgiven – the court will perform the investigations accordingly.
Article 71 – The respective judges and judicial officers are bound to accept all written and verbal complaints at any time. The verbal complaints are recorded in the minutes and signed by the complainant. In case the complainant cannot sign or is illiterate, it will also be recorded in the minutes, and the conformity with the verbal complaint shall be certified.
Article 72 – In cases where the investigation of a criminal act is subject to a personal complaint and the affected is a minor or a mentally infirm or mentally ill individual, and the parents or guardians are not accessible, or the victim does not have parents or guardians, and appointing a guardian causes delay or more loss to the minor or mentally infirm/ill, then until the parents or guardians or appointed guardian is present, and also when the parents or guardians have committed a crime or have been engaged in one, the court will either appoint another person as a temporary guardian or will proceed with the suit, and will take necessary measurements to maintain and collect the evidence of the crime and prevent the accused from absconding.
Note – In the case of minors, the above-mentioned arrangements need to be followed only for non-financial claims.
Article 73 – During the investigation, the complainant has the right to introduce his or her witnesses, and present the evidence, and the complainant can also have a copy of the minutes of the initial examinations if the disclosure does not compromise secret investigations, and after having paid the fee.
Article 74 – The complainant can request the monetary compensation for his or her loss from the court, if the request is based on acceptable reasons, the court will issue the verdict for the bail, and the sentence will be definite and cannot be objected.
Article 75 – If the complainant’s request is not identified or it is identified but it is not possible to take this amount into custody, the court will take other finances or possessions of the accused into custody equal in amount to the loss. If there is a request to change the person who has the possessions in custody, and transfer it to a guarantor, the court will proceed according to the Civil Code of Procedures. This verdict will be executed on time upon notification.
Article 76 – If it is proved that the complainant has intentionally made a false complaint then the complainant must pay the losses of the defendant according to the court’s decision.
Article 77 – If during the investigations, the judge discovers another crime which is not related to the first one, the court will follow up with the second one as well, if that court is the only branch. If there are several branches, it will take the necessary measures to collect and preserve the evidence of the discovered crime and to prevent the accused from absconding, and will inform the director of the District Court accordingly.
