What does "complainant" mean?

What Does "Complainant" Mean? | What is a Complainant? | Complainant | Criminal Lawyer | Lawyer in Izmir | Law Firm in Izmir | Lawyers in Izmir

complainant

adjective, archaic, (müşteki:), Arabic muştekī

Complaining, grumbling, grumbling.

Although not defined within our legal framework, the term "complainant" is frequently encountered in our legal system to refer to the complainant.

Rights of the Complainant During the Investigation Phase

1. Requesting the collection of evidence,
2. Requesting a copy of documents from the public prosecutor, provided that the confidentiality and purpose of the investigation are not compromised.,
3. If the individual does not have legal representation, in cases of sexual assault and other crimes punishable by imprisonment exceeding five years, the bar association shall appoint a lawyer for them.
   requesting assignment,
4. Having the investigation documents and seized and detained items examined through his/her representative,
5. The right to appeal, in accordance with the procedure stipulated in the law, against the public prosecutor's decision that there is no need for prosecution.

Rights of the Complainant During the Prosecution Phase

1. Being informed of the hearing,
2. Participation in public prosecution,
3. Requesting copies of minutes and documents,
4. Requesting the summoning of witnesses,
5. If the individual does not have legal representation, in cases of sexual assault and other crimes punishable by imprisonment exceeding five years, the bar association shall appoint a lawyer for them.
   requesting assignment,
6. The right to appeal against decisions that conclude a case, provided that the person participated in the case.

Complainant within the Scope of Supreme Court Decisions

YARGITAY CEZA GENEL KURULU E. 2009/2-172 K. 2009/241   

As stated in the decision of the General Assembly of Criminal Courts dated 27.03.2007, numbered 45-77; Article 238/2 of Law No. 5271 states:“During the hearing, after a statement of complaint is made, the victim of the crime is asked whether they wish to participate in the case.”The provision is mandatory, and it is compulsory to ask the complainant, who stated in the hearing that they were the complainant, whether they wish to participate in the case.

The aforementioned deficiency should be remedied by serving the judgment to Azize Nazlıgül with an annotation clearly stating "the legal remedy to be pursued, the time limit, the authority to which the appeal should be made, and the method of appeal," and by determining whether she will appeal or not.

Therefore, while it is necessary to accept the appeal, overturn the Special Chamber's decision, and firstly, to notify the complainant Azize Nazlıgül of the local court's judgment and determine whether she will appeal, and then to render a new decision accordingly, the decision rendered at this stage in a way that will result in an adverse outcome is incorrect, and it should be decided to send the file to the Special Chamber to remedy this deficiency.     

SUPREME COURT 4th Criminal Division E. 2014/6 K. 2014/20193

Görgü tanığı bulunmayan olayda, müştekinin duruşmaya katılımı sağlanıp, gerektiğinde CMK’nın 235 ve 236. maddeleri uyarınca tanık sıfatıyla beyanına başvurulmadan eksik inceleme karar verilmesi,… Kanuna aykırı ve katılan O.. K..’ın temyiz nedenleri ile tebliğnamedeki düşünce yerinde görüldüğünden HÜKÜMLERİN BOZULMASINA…

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