Page 10 - Untitled-1

Basic HTML Version

Failure in Notication
of an Offence
Ceza Muhakemesi Kanunu
Article 158
Denunciation and
Complaint
08
ULUSLARARASI TİCARİ İŞLEMLERDE YABANCI KAMU GÖREVLİLERİNE VERİLEN RÜŞVETİN ÖNLENMESİ
(1)Any person who fails to repor t, to the relevant
authority, an offence which is in progress shall be
sentenced to a penalty of imprisonment for a term
of up to one year.
(2)Any person who fails to notify the relevant
authori ty of any offence, which has been
committed but where it is still possible to limit its
consequences, shall be sentenced according to the
provisions of the aforementioned section.
(3)Where the victim is a child (not having yet
attained his fteenth year) a person physically or
mentally impaired or a pregnant woman who
cannot defend herself as a result of her pregnancy,
the pena l ty to be imposed according to
aforementioned sections shall be increased by one
half.
(4)No penalty shall be imposed on persons who
may abstain from testifying as witnesses. However,
provisions regarding criminal liability are reserved
due to the existence of liability to prevent an
offence.
After public ofcials or other persons become
aware of the offence, to which authority or
authorities they will notify is regulated in Code of
Criminal Procedure No 5271. According to this,
denunciations and complaints regarding an offence
shall be done in writing to the Chief Public
Prosecutors Ofce or to the law enforcement
authority or shall be done orally on condition that
they were recorded inminutes.
(1)Denunciations and complaints concerning
offenses can be submitted to the chief public
prosecutor's ofce or the law enforcement
authorities.
(2)Denunciations and complaints submitted to the
governor's ofce, or the district ofce of the sub-
governor or the cour t are conveyed to the chief
public prosecutor's ofce.
(3)Concerning offenses committed in foreign
countries that require prosecution within the
country, denunciations and complaints can be
submi t ted to the Turk ish embassies and
consulates.
(4)Denunciations and complaints submitted to the
relevant institutions and organizations, as a result
of an offense claimed to be committed concerning
the execution of a public duty, are immediately
conveyed to the chief public prosecutor's ofce.
(5)Denunciations and complaints can be submitted
in paper, or orally to be written down in ofcial
records.
(6)In case of the realization that the offense is
related to a complaint, after the initiation of the trial
phase following the execution of the investigation
phase; the exercise of jurisdiction is proceeded with
unless the injured par ty withdraws his or her
complaint.
Failure in notication
of an offence is punished
by imprisonment
The authorities to
submit denunciations and
complaints are
identied by law
Turkish Criminal Code
Article 278