WHAT IS THE CONSENT OF THE RELEVANT PERSON (VICTIM)?
There are some types of crimes in Turkish Law which are not
judged if it is about the relevant persons rights where they can dispose of.
The consent of the person concerned or the victim is stated
in the Turkish Criminal Code as follows: "No one is punished for the act
committed within the framework of the consent of the person, which is related
to a right that the person can absolutely dispose of."
Especially in cases where the victim subsequently files a
complaint or withdraws the complaint, the nature or validity of the consent of
the victim becomes one of the most important issues of discussion in the
proceedings.
Validity Conditions of the Consent of the Relevant Person
(Victim)
In order for the consent of the person concerned (the
victim) to be accepted as a reason for compliance with the law, the following
conditions must coexist:
The consent must be related to a right that the person can
absolutely dispose of,
The first condition for the validity of the consent of the
person concerned (the victim), that is, for it to be accepted as a reason for
compliance with the law, is that the consent of the victim is related to a
right that the person can absolutely dispose of. The person giving the consent
must have the right to freely dispose of the subject matter to which the
consent relates. The victim may consent to the damage of a right over which
he/she has the authority to dispose.
The person concerned (the victim) must be competent to give
consent,
The person concerned (the victim) must be competent to give
consent in relation to the right he/she is disposing of. The consenting victim
must be the real owner of the right. In criminal law, the issue of capacity is
evaluated differently from private law. There are restrictions on some crimes
in terms of capacity.
Consent must be given at the latest at the time of the act,
According to the preamble of the article, consent, as a
reason that removes criminal responsibility, must be disclosed before and at
the latest during the commission of the act in order for the crime to occur. In
this case, since there is no victimization yet, the word "related" or
"person" is preferred instead of "victim".
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 criminal lawyer
in Istanbul for more information you can contact our office.
