WHAT ARE THE VICTIM, THE AGGRIEVED PERSON AND THE
FINANCIALLY RESPONSIBLE?
There are differences between "victim (mağdur)",
"aggrieved person ((harmed by the crime) (suçtan zarar gören))" and
"financially responsible (malen sorumlu)". The differences can get vague
but the determination is necessary to find a healthy solution to cases.
The participation of the “victim, real and legal persons who
have been harmed by the crime, and those who are financially responsible” in
the lawsuit with the rights granted by the law is called "participation in
the lawsuit" or "intervention" in the doctrine and practice, and
in case the request for participation in the lawsuit is accepted, the person
requesting participation in the lawsuit takes the title of "participant
(katılan)" or "intervener (müdahil)".
Financially Responsible Person
A person who is financially responsible is a person who will
be affected by or bear the consequences of the judgment by bearing material and
financial responsibility after the judgment and its finalization.
Victim
Victim is the person or persons to whom the subject of the
crime belongs. In the Turkish Criminal the victim can only be a real person,
and although it is possible for legal entities to be harmed by the crime, they
cannot be victims.
Aggrieved Person (Harmed by the Crime)
Victim and harmed by the crime are not the same thing.
Although the victim is always harmed by the commission of the crime, the person
harmed by the crime may not always be the victim of the crime. In some crimes,
the victim is not a certain person; everyone who constitutes the society.
Being harmed by the crime has been understood and applied as
"the state of being directly harmed by the crime" in Turkish Law, and
accordingly, it has been accepted that indirect or possible damages will not
give the right to participate in the case.
This is intended for general informational purposes only and
not intended as a substitute for the advice and counsel of a criminal defense
attorney. If you want to contact an English-speaking lawyer in
Istanbul for more information you can contact our office.
