eTurco; It is an organization created to solve the legal problems of our citizens abroad, as well as to solve the legal problems of our citizens abroad in Turkey. It has 51 branches in total, 20 of which are in various cities in Germany.
Thanks to the corporate structure created with the eTurco Office system; In order for our clients to reach us and to act together in the litigation process, transactions are carried out through fast and easy systems.
Prosecution Conditions for Crimes Committed Abroad Against Turkish Citizens
In order to be able to prosecute a foreign suspect who commits a crime abroad against a Turkish citizen other than the crimes set forth in Article 13, the following conditions must be met:
a- The crime was committed outside the jurisdiction of the State of the Republic of Turkey,
b- It has been committed by a person who is not a Turkish citizen, that is, by a foreigner,
c- The crime committed abroad is “a crime that requires at least a one-year prison sentence according to Turkish laws”,
d- The crime committed in a foreign country is committed “to the detriment of a Turkish citizen or a private law legal entity established in accordance with Turkish laws”,
The presence of the e-Perpetrator in Turkey,
f- It should not have been sentenced in a foreign country for the crime committed.
In the event that all these conditions are fulfilled, a trial may be held in Turkey upon the complaint of the person who has been harmed by the crime.
In the concrete case that is the subject of the investigation; When the complainant filed a complaint with the allegation that he was threatened by the suspect using the name of criminal organizations while he was in Kyiv/Ukraine for the purpose of collecting his debt, the suspect entered and exited the country on different dates, and finally on 03.07.2013, he went abroad by using the airport. It is seen that a public lawsuit was filed after an arrest warrant was issued because his defense could not be taken.
However, 12/2 of the TCK. In order for a foreign national who commits a crime against a Turkish citizen in a foreign country, which requires at least one year imprisonment, the perpetrator must be present in Turkey and the perpetrator must be present in the foreign country for this crime, except for the crimes specified in article 13. judgment must not have been made. Since these issues are a condition for prosecution, a public lawsuit should not be filed before this condition is met.
On the other hand, according to Article 13/1-2 of the CMK, which regulates the authority in crimes committed in a foreign country, it is stated that the competent court is the place where the accused was caught, the place of residence if he has not been caught, and the place where the last address is found if there is no such place of residence. 14/3 of CMK. It is regulated that the competent court will be determined by the Supreme Court.
In the concrete case, it is seen that the suspect’s address is shown as …/… in the indictment, and it is not investigated whether he has an address in Turkey. As a result, since it was determined that the suspect who committed a crime abroad was not in Turkey at the time of the lawsuit, it was not investigated whether he was sentenced in a foreign country for this crime, and it was determined that Article 14 of the CMK was not evaluated on the issue of authority, in the face of the fact that the indictment is lawful on the grounds that the condition for prosecution has not been met, It was decided to reject the request for annulment for the benefit of the law. (Court of Appeals 4th Criminal Division – Decision: 2015/27194).
You can click here to reach our offices and get detailed information.
