What Is the Complaint Period for an Offense Subject to Complaint?

For offenses whose investigation and prosecution depend on a complaint, the complaint period is six months, pursuant to Article 73/1 of the Turkish Penal Code (TCK) No. 5237.

According to Article 73/2 of the Turkish Penal Code, this period—provided that it does not exceed the statute of limitations for prosecution—starts to run from the date on which the person entitled to file a complaint learns both the act and the identity of the perpetrator. Therefore, the complaint period does not commence on the date the offense was committed, but rather on the date when the right holder becomes aware of the act and the perpetrator together. This date of knowledge must be determined in a manner that leaves no room for doubt.

With respect to the offense of insult, which is subject to complaint, a special regulation applies: regardless of the circumstances, the complaint period shall not exceed two years from the date the act occurred.

In any event, the right to file a complaint must be exercised within the statute of limitations for prosecution prescribed by law for the relevant offense.

In cases of successive offences, the complaint period starts to run from the date of the last act. In continuing offenses (offenses of a continuous nature), the period begins when the act and the perpetrator are learned. Judicial decisions state that as long as the continuation persists, the right to file a complaint also continues.

For acts falling within the scope of Article 347 of the Enforcement and Bankruptcy Law No. 2004, the complaint period is specifically regulated as three months from the date the act is learned, and in any case one year from the date the act was committed.

Legal Nature of the Complaint Period

According to judicial decisions, the complaint period is characterized as a forfeiture (preclusive) period. Unlike statutes of limitations, forfeiture periods, as a rule, do not stop or interrupt, except in cases of force majeure.

The complaint period also constitutes a procedural prerequisite. Failure to file a complaint within the prescribed period creates an absolute legal impediment to conducting an investigation or prosecution.

Where there is more than one person entitled to file a complaint, the failure of one of them to file a complaint within the period does not extinguish the complaint rights of the others (TCK Art. 73/3).

If the complaint is filed after the time limit specified by law:

• At the investigation stage, the Chief Public Prosecutor’s Office issues a Decision of Non-Prosecution (Decision of No Grounds for Prosecution – KYOK).

• At the prosecution stage, pursuant to Article 223/8 of the Criminal Procedure Code (CMK) No. 5271, a decision is rendered to dismiss the public case, on the ground that a condition for investigation or prosecution has not been fulfilled.