Türk Ceza Muhakemesi Hukukunda Şikayet

Abstract

This study has been prepared to specify the importance, characteristics, and application features of the complaint institution in criminal law, and to summarize important debates in the doctrine related to the subject. The definition of the complaint concept has been made, and both favorable and unfavorable views regarding the complaint concept have been shared. The debate on which branch of criminal law the complaint institution belongs to has been discussed and the consequences of belonging to criminal procedural law have been explained. Similarities and differences between the complaint concept and similar procedural conditions have been emphasized. Discussions and precedents in the doctrine have been provided on when the right to complain arises, when its period begins, who can exercise this right, and how and where it can be exercised. The terminology issue regarding withdrawal from complaint and waiver concepts has been addressed, and information has been provided about waiving the right to complain. Favorable and unfavorable views on the institution of withdrawal from complaint have been stated, and debates have been held on which branch of criminal law the withdrawal from complaint institution belongs to. Those entitled to withdraw from the complaint and its period, the conditional nature of withdrawal from the complaint, the concept of acceptance, and finally the consequences of withdrawing from the complaint have been explained.