INVESTIGATION STAGE
As a rule, the crime of fraud is pursued ex officio. But your crime is TCK m.If it is processed within the scope of the “qualified state”, which requires a lesser penalty specified in Article 159, its follow-up depends on the complaint.
In Turkish criminal law, the investigation carried out by the Public Prosecutor by complaining or reporting the crime or upon the Public prosecutor’s opinion that the crime has been committed is again called an investigation in criminal proceedings. At this stage, the prosecutor initiates an investigation to investigate in order to decide whether there is room to proceed to the prosecution stage. The investigation stage in the Turkish Code of Criminal Procedure is 160.it is regulated in the article. Regarding the crime of fraud, as will be explained in more detail below, since it is not a crime subject to a complaint, an investigation can be initiated both on the complaint and on the prosecutor’s re-sen investigation.
PROSECUTION PHASE
Regarding the crime of fraud, the Public Prosecutor may terminate the investigation phase by deciding that there is no room for prosecution by betting, as there is insufficient suspicion that the suspect committed the crime as a result of the investigation on the first possibility. Or, as a second possibility, he will issue an indictment against the suspect. If the Criminal Court accepts the indictment issued by the prosecutor, the prosecution phase will be started. This trial process is called prosecution in the CMK and is referred to as 175 of the CMK. It is regulated in the article. During the prosecution phase, the action in the indictment prepared by the Public Prosecutor and the suspect are tried and the suspect is now an accused.
DETENTION AND DETENTION
Restriction of the freedom of free movement of persons by law enforcement (police, gendarmerie) by keeping them in a certain place with the decision of the prosecutor’s office is called detention. A judge’s decision is not necessarily required for detention. According to the CMK, detention is the restriction of the suspect/person by detaining him/her from his/her freedom in order to carry out and complete the transactions about him/her in a healthy way. The suspect caught with the crime of fraud can also be detained. The detention decision does not apply to the criminal record (criminal record).
The maximum period of detention for the crime of fraud is 1 year within the scope of Article 102/1 of the CMK. In mandatory cases, this period can be extended for another 6 months. This period does not include the periods elapsed in legal remedies (Appeals and Appeals).
Arrest is also a temporary protection measure applied in the same way. With the arrest decision, the person’s freedom is restricted again, but the difference from the detention decision, whether at the investigation or prosecution stage, must necessarily be made by a judge. Therefore, the Public Prosecutor cannot make an arrest decision about the suspect. In order for the arrest provisions to be applied, the strong suspicion of a crime that the suspect has committed a fraud crime and CMK 100. the conditions in the article must be found. In the presence of these conditions, arrest provisions may be applied.
COMPLAINT PERIOD, STATUTE OF LIMITATIONS, RECONCILIATION, EFFECTIVE CONTRITION AND THE COURT IN CHARGE
DURATION OF COMPLAINT
Complaint, complaint-related crimes are crimes in which the investigation or prosecution of a crime depends on the fact that the victim of the crime or the people who have been harmed by the crime have filed a complaint. As a rule, the crime of fraud is pursued ex officio. But your crime is TCK m.If it is processed within the scope of the “qualified state”, which requires a lesser penalty specified in Article 159, its follow-up depends on the complaint.
TIMEOUT
Regarding the statute of limitations, Turkish Penal Code m.it was edited in ’66. According to Article 66 / e of the Turkish Penal Code, in crimes requiring a prison sentence of not more than five years or a judicial fine, the public trial falls with the passage of 8 years. The statute of limitations for fraud is 8 years.
Agreement
Reconciliation is the termination of criminal proceedings as a result of the agreement of the victim of the crime with the suspect of the crime. The crime of fraud is covered by the settlement. If the parties agree at the investigation stage, the prosecution stage will not be passed.
ACTIVE REMORSE
Effective remorse is an institution that provides for some punishment reductions by allowing people to repent of their own free will after the crime they have committed, eliminating the negativities that have occurred due to the crime, and contributing to justice. 168 of the Turkish Criminal Code. According to the Article; After the crime is completed, but before the prosecution begins for this reason, if the perpetrator, instigator or helper personally shows remorse and completely eliminates the damage suffered by the victim by giving back or compensating in kind, up to two-thirds of the sentence to be imposed is reduced.
DUTY COURT
The Duty Court is the Criminal Court of First Instance within the scope of Article 157 of the TCC, the Heavy Criminal Court in case of qualified fraud within the scope of Article 158 of the TCC, and the Criminal Court of First Instance within the scope of Article 159 of the TCC. In other words, the crime of fraud is in the simple form and TCK m.In case of processing within the scope of the state requiring a lesser penalty under Article 159, the court in charge is the Criminal Court of First Instance. However; qualified cases of the crime requiring more severe punishment
12 of the Law No. 5235 on the Establishment, Duties and Powers of the Courts of First Instance of Judicial Jurisdiction and Regional Courts of Justice. according to the article, it is a Serious Criminal Court.
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