Right to complain and withdrawal of complaint

As it is known, Turkish Criminal Law has accepted the principle of publicity of the investigation. It would not be wrong to briefly explain this principle as the public being harmed by every crime. In this respect, public law is shown as the plaintiff in criminal cases. Again, since the authority to punish belongs only to the state, the public prosecutor represents the injured public in criminal cases. As a matter of fact, the Supreme Court of Appeals explained the principle of publicity as follows.

"The principle of publicity is the principle that states that since the public, that is, the society, is also harmed by the crime, the society has an interest in the prosecution of the crime, and therefore the prosecution is public (Erdener Yurtcan, Criminal Procedure Law, Beta Publications, Istanbul, 2007, page 120). It is the obligation of the State to protect the social order. In this respect, the State retains the right to determine and punish the actions that will disrupt and endanger the public order. For this reason, a punishment is carried out." "In the investigation, the public prosecutor conducts the investigation on behalf of the public as the judicial power. Because there is a public interest in the investigation of the crime. The first of these is the absence of complaint in terms of crimes that are subject to complaint; the second is the absence of permission in terms of crimes that require permission to be prosecuted."

It is possible to say that the principle that the state suffers damage from every crime has been relaxed by granting individuals the right to complain. This understanding accepts that in some crimes, the person who is harmed by the crime is the individual. It should be noted that this stretching, which is an inevitable result of the modern understanding of criminal law, is specifically regulated in our Criminal Code.

Also, the Constitution; Freedom to seek justice is granted to all individuals with Article 36, which states that "Everyone has the right to claim and defend, and to a fair trial, as plaintiff or defendant, before the judicial authorities, by utilizing legitimate means and means." The right to complain, which is guaranteed as a way of using this freedom, is included in Article 73 of the Turkish Penal Code. The complaint institution is regulated as a condition of judgment. According to Article 73 of the Zira Law; If the authorized person does not file a complaint about the crime, the investigation and prosecution of which depends on the complaint, within six months, no investigation or prosecution can be made. As clearly stated in the article, some crimes cannot be investigated without a complaint, and this condition must also be present at the prosecution stage.

The main purpose of making some crimes subject to complaint is to protect individuals from the negative effects of investigation and prosecution. Because it is possible that the damage to the party injured by the crime may increase further during the investigation and prosecution phase, or that these stages may cause other drawbacks. It is certain that the approach focused on individual rights in criminal laws will continue to grant such powers to individuals over time.

The Code of Criminal Procedure regulates how the right to complain can be exercised. Since the complaint institution is exceptional, the crimes that are subject to complaint are listed in the Penal Code and some special laws. There is no complaint requirement for crimes that are not written in the law. We will try to move forward in our investigation by examining the relevant legal articles.

HOW LONG IS THE COMPLAINT PERIOD?

The complaint period is regulated in Article 73 of the Turkish Penal Code. The relevant article determines the complaint period as 6 months from the date of learning of the act and the perpetrator. First of all, it should be noted that the action is being complained about, not the perpetrator. Although the complainant has no obligation to identify or know the perpetrator, this duty belongs to the public prosecutor. However, such a regulation has been introduced in terms of the starting time of the period. For example, a person can complain about the crime of insult committed against him to the competent authority from the date he learned about the act. However, if the complainant knows the perpetrator who insulted him, he must exercise this right within 6 months. The 6-month period is a limiting period and if it is exceeded, this right cannot be used again. To summarize, the duration of the right to complain is 6 months from the date of learning of the act and the perpetrator. If the complainant knows the act or one of the perpetrators, the time will not start. However, the period must be observed from the date on which he learned that he did not know. An example Supreme Court decision is shared below:

"Regarding the request for the decision not to prosecute the suspect, it is stated that the date of the crime was 01/04/2018, the complainant learned about the alleged crime on this date, the 6-month complaint period has passed as of 11/10/2019, when the decision not to prosecute was made, and since he did not show the will to complain within the legal complaint period, it is against the law to accept the objection to the decision not to prosecute, instead of rejecting it." Y4CD. 2021/8254 K.

In addition, it should not be forgotten that there is another limitation in terms of time. According to Article 73 of the Turkish Penal Code; Provided that it does not exceed the statute of limitations, this period starts from the day the person with the right to complain knows or learns about the act and who the perpetrator is. As clearly stated in this article of the law, the right to complain can only be exercised within the statute of limitations period. The expiry of the statute of limitations will terminate the right. In any case, in order for the investigation or prosecution to be carried out, the 6-month complaint period must be used within the statute of limitations period.

In cases where more than one person has the right to complain, the period runs separately for each person. The fact that one of them has passed the complaint period does not harm the rights of the other. In addition, in accordance with the principle of indivisibility of the complaint, which we will detail below, a complaint made against one of the suspects is sufficient for the investigation of the others.

There are opinions in the doctrine that in uninterrupted crimes, both the complaint and the statute of limitations start to run from the date the interruption ends. However, in the following decision of the Supreme Court, it was ruled that continuous crimes remain within the scope of Article 72 of the Turkish Penal Code. The decision is very important in this respect:

"In terms of its relevance to the subject of the dispute, in the doctrine regarding the moment from which the complaint period will start to run in uninterrupted crimes, we think that there is no problem as to when the complaint period will start in terms of continuous (continuous) crimes. Since the crime will be deemed to be completed on the date of the last action in continuous crimes, it should be accepted that the complaint period will start from this date at the earliest." (İzzet Özgenç, Turkish Criminal Law General Provisions, 15th Edition, Seçkin Yayınevi, Ankara, 2019, p. 703.), "The complaint period is when the last enforcement action is taken in the attempt, in continuous (continuous) crimes, the interruption takes place, and in chain (sequential) crimes, it ends. It starts to operate from the moment the crime is committed (CMK art.12; TCK art.66/6). Otherwise, there may be a situation where the complaint period expires while the crime continues to be committed. However, in practice, the first learning moment is taken as basis. The jurisprudence of the Supreme Court, which indicates that the moment of first learning is taken as basis, is not appropriate, on the grounds that there is no clarity in the Law. Because such a practice is not compatible with the legal nature of an uninterrupted and chained crime; This results in the victim not being able to use his/her right to complain even though the crime continues to be committed. Starting the complaint period from the moment the interruption occurs or the chain ends will also be in accordance with the principles accepted in our law regarding statute of limitations (TCK Art. 66/6) and competent court issues (CMK Art. 12). Saying that the complaint period starts from the moment the last crime is committed in chain crimes should not be understood as meaning that it cannot be used before that. The right arises when it is learned that the act has been committed, and the complaint period begins with the end of the crime." (N. Centel-Hamide Z., Criminal Procedure Law, 15th Edition, Beta Publishing, Istanbul, 2018, p. 100. ), "The TCK starts the complaint period without learning about the act. It is necessary to take the term 'act' in article 2 to mean the completed action in sudden crimes, and in uninterrupted and chained (continuing and sequential) crimes, it is necessary to calculate the period starting from learning that the continuation and succession have ended. Otherwise, an unreasonable and unfair situation such as not being able to complain even though the crime continues to be committed will occur.Likewise, when the moment of completion of the crime is accepted later, even though there is no interruption or chaining, it should be started before the time period is completed, but this initiation should not prevent the acceptance that the right to complain has arisen before." (Feridun Yenisey-A. Nuhoğlu, Criminal Procedure Law, 5th Edition, Seçkin Yayınevi, Ankara, 2017, p. 599.), "In the Supreme Court practice, the moment of first learning of the act is taken as basis. Although it is accepted that the crime is committed and completed at the end of continuous and successive crimes in continuous and successive crimes, it is not possible to agree with the opinion of the Supreme Court that there is no mention of these in Article 108 of the Turkish Penal Code No. 765 and that considering the moments of completion in these two types would be against the defendant." (İsmali Malkoç-M. G., Turkish Penal Code in Practice General Provisions 1, 1st Edition, A. Yayınevi, Ankara, 1996, pp. 754-755. ), "In our opinion, the complaint period should only start from the moment the interruption occurs." (M. Koca-İlhan Üzülmez, Turkish Criminal Law General Provisions, 8th Edition, Seçkin Publishing House, Ankara, 2015, p. 117). The prosecution of crimes based on complaint is to prevent the perpetrators from being threatened with a lawsuit for a long period of time, such as a statute of limitations, and on the other hand, it stipulates that the right to complain is exercised within a certain period of time in order to ensure legal security and public order by preventing the investigation authorities from being hesitant, and due to the nature of this period, it is a time limit set by the legislature for the exercise of the right to complain, in other words, it consists of a period of time given to the victim or the injured party to exercise a certain right, and it is defined as a time limit, unlike the statute of limitations. Since it is a reducing period, it is not possible to interrupt or stop it, in the second paragraph of Article 73 of the Turkish Penal Code No. 5237, in Article 66 of the same Law.As in the sixth paragraph of the article, when an exceptional provision is not made in terms of continuous crimes and it is stated that the complaint period will start to run from the date when the victim or the injured person knows or learns about the act and who the perpetrator is, and when the contrary practice will result in the reverse operation of the institution established for the benefit of the defendant in terms of public order, it should be accepted that the date on which the victim or the injured person knows or learns both the act and the perpetrator should be taken as the date on which the complaint period starts to run in terms of continuous crimes. As a matter of fact, the same conclusion was reached in the decisions of the General Criminal Assembly dated 06.02.1978 and numbered 494-37 and dated 09.12.1991 and numbered 314-345." YCGK 2020/193 K.

EXERCISE OF THE RIGHT TO COMPLAIN

The person who wants to exercise the right to complain must know how to use this right. First of all, it should be noted that there is no specific terminological pattern that must be used to fulfill the complaint requirement. Expressions such as "I am suing", "I am complaining", "I want to be punished", "I am reporting" are sufficient for the use of the right. Again, a request to participate in the case also means a complaint.

As we stated above, it is the act that is complained about, not the perpetrator. The complainant may simply describe the action in which he was harmed and demand that the perpetrator be found. If he knows the perpetrator, there is no harm in adding this. But just because the perpetrator is unknown cannot prevent the exercise of this right. Because it is the duty of the public prosecutor to investigate the perpetrator.

CMK 158/5. According to the article; The notice or complaint can be made in writing or verbally to be recorded in the minutes. While the rule is that the complaint be in writing, it was deemed sufficient to record the statements in the minutes.

As a rule, complaints are made to the Chief Public Prosecutor's Office and law enforcement authorities. But CMK 158/2. According to the article; The notice or complaint made to the governorship or district governorship or the court is sent to the relevant Chief Public Prosecutor's Office. Reports or complaints can also be made to the relevant embassies and consulates of Türkiye about crimes committed abroad that need to be pursued in the country. Directing the complaint to any authority other than the specified authorities will not produce any results. An example Supreme Court decision on the subject is shared below:

"In the incident where the defendant called the 112 Emergency Call Center and made a false report that there had been a traffic accident in which four people were injured, and the report was reported to the law enforcement by the call center officers to take necessary action, it was found out to be unfounded; even though the defendant reported a crime that he knew had not been committed as if it had been committed, the 112 Emergency Call Center was not one of the competent authorities listed in the first three paragraphs of Article 158 of the CMK, and the public duty regarding call services was carried out. "Since it is understood that the call center cannot be considered as the competent authority in terms of the fourth paragraph of the same article in terms of reporting a crime that is not related to the crime and that the report is not made directly to the law enforcement but is reported indirectly to the competent authority by the call center, it must be accepted that the elements of the crime of fabricating the crime charged against the defendant are not met." YCGK 2018/434 K.

WHO HAS THE RIGHT TO COMPLAIN?

The right to complain can only be exercised by the person harmed by the crime. Although there is no legal provision for the right to complain, it is possible for the victim to exercise it.

Since it is possible for legal entities to be harmed in a crime, it is also possible for them to become complainants. Legal entities exercise their right to complain through their authorized bodies.

The right to complain can, of course, be exercised through a representative.

The right to complain is one of the rights strictly attached to the individual. For this reason, this right is exercised personally. The right to complain does not pass to the heirs. However, if the complainant dies after the right is exercised, his relatives can participate in the case.

It is necessary to make a distinction here regarding minors.

If the person injured by the crime is a minor, the complaint is made by the legal representative. Minor means being under 15 years of age. Minors between the ages of 15-18 can exercise their right to complain personally. The condition required here is that the minor is outstanding

PRINCIPLE OF INDIVISIBILITY OF COMPLAINT

The principle of indivisibility of the complaint means that in multi-perpetrator crimes, a complaint made about a suspect has consequences for all suspects. For example, in a complaint-related crime committed by three people, it is not possible to file a complaint against only one of the perpetrators.

This principle also applies in case of abandoning the complaint. It is not possible to waive the complaint against one or some of the perpetrators in crimes committed with participation. In accordance with the principle of contagion of the complaint, complaint and withdrawal of complaint are used as a whole. An example Supreme Court decision on the subject is as follows:

"1-) Considering the regulation in Article 73/5 of the Turkish Penal Code No. 5237, which states "Renunciation of the complaint against one of the defendants who committed a crime in the event of participation, covers the others as well.", as a natural consequence of the regulation, in accordance with the principle of indivisibility of the complaint, in crimes related to the investigation and prosecution of complaints committed in participation, the complainant's renunciation of the complaint against one of the defendants necessitates the benefit of all defendants who committed the same crime from this waiver. According to the content of the examined file, considering that the complainant's abandonment of the complaint against the defendants ... in the hearing dated 22/03/2016 would also spread to the defendants ... and ..., who are considered to have committed the crime of damaging property together in accordance with Article 73/5 of the Turkish Penal Code No. 5237, it should be decided that the case filed against the defendants for the crime of damage to property should be dropped due to the complaint condition not being met in the prosecution, while the investigation and prosecution depends on the complaint. Continuing the trial despite the absence of a complaint against the crime and issuing a written conviction for all defendants," Y2CD. 2022/5666 K.

WITHDRAWAL OF COMPLAINT AND ITS CONSEQUENCES

First of all, it should be noted that legally, the term "withdrawal of complaint" should be understood as withdrawal of a complaint. The person injured by the crime may withdraw the complaint at any stage until the verdict is finalized. Because Article 73/4 of the Turkish Penal Code. The article is organized as follows:

"In crimes where prosecution is based on a complaint, unless otherwise stated in the law, the renunciation of the person harmed by the crime drops the case, and renunciation after the verdict is finalized does not prevent the execution of the sentence."

Article 6 of the Check Law provides an exception to the above rule. According to the law, the complaint can also be withdrawn after the conviction becomes final.

Withdrawal of the complaint can only be made to the competent authorities in writing or recorded in the minutes. The situations we mentioned under the heading of exercising the right to complain are also valid here. Waiving the complaint is a right that can only be used by the person who has been harmed by the crime. But there are some special situations. If the person injured by the crime does not have the power to appeal, the waiver is made by his legal representative. However, a minor who has the power to appeal, that is, can foresee the consequences of his actions, can personally withdraw his complaint. According to the Supreme Court's acceptance, children under the age of 15 do not have the power to appeal, so they can only withdraw their complaints through their legal representatives. Children between the ages of 15-18 can exercise their right to opt out themselves. If the legal representatives of children under the age of 15 want to withdraw the complaint, but the lawyer has the opposite opinion, the lawyer's opinion will prevail. Here, the defense attorney must take into account the best interests of the child. This is not the case in the 15-18 age range.

As we stated above in the principle of indivisibility of the complaint, in multi-perpetrator crimes, abandoning the complaint against one of the suspects also affects the other suspects.

Legally, the complaint can only be withdrawn in the presence of a judge. As we will explain below, if the person injured by the crime declares that he will not file a complaint with the law enforcement forces or the prosecutor's office, it is considered a waiver.

TCK 73/4. As stated in the article; In crimes where prosecution is based on a complaint, unless otherwise stated in the law, giving up on the person harmed by the crime drops the case. In order for a dismissal decision to be made, the defendant must be asked whether he/she agrees to give up. Some Supreme Court decisions are shared below:

"In the face of the victim's renunciation of his complaint at the relevant hearing, it is erroneous to make a judgment against the defendant in terms of another threat crime, the prosecution of which depends on the complaint, without determining whether the defendant agreed to give up the complaint and whether the case will be dismissed based on the outcome. For the reasons explained, the decision must be reversed." Y4CD. 2021/2114 K.

"The case is about the crimes of intentional wounding and threatening. It has been stated that the prosecution of the crime of simple wounding, which is accused of the defendant, depends on the complaint and that prosecution can be carried out, and in crimes based on complaint, unless otherwise written in the law, the giving up of the person who is harmed by the crime will drop the case. Unless otherwise written in the law, giving up will not affect the defendant who does not accept it.

Although the victim's statement during the prosecution phase was not asked whether he should give up his complaint against the defendant or whether the defendant had anything to say about giving up, it should be decided that the public case filed for simple injury should be dismissed, as there is a necessity to accept that the defendant implicitly accepted to give up the complaint, without resorting to legal action against the decision by the defendant's defense counsel. Y4CD. K. 2020/2694

COMPLAINT WAIVER

We have made evaluations about withdrawing the complaint above. Under this heading, we will talk about waiver of complaint, which refers to the situation where the right to complain is not used at all.

"Is it possible to waive the complaint?" It is necessary to answer the question positively. In other words, the person harmed by the crime can undertake that he will never use his right to complain. This notification may be made to the competent authorities or may be agreed upon in a contract between the parties. It is not possible to waive the complaint. However, waiver must be based on free will. The following decision of the Supreme Court Criminal General Assembly revealed the difference between waiver and renunciation and made evaluations regarding waiver:

"Withdrawing the complaint is the withdrawal of the complaint made due to a complaint-related crime within the time limit, in accordance with the conditions stipulated by the law, and the waiver of the right to complain is a unilateral legal transaction in which a person who has the right to complain declares that he will not complain before using this right. Therefore, it is impossible for the complainant who declares that he will not use his right to complain with his free will to waive this and make a complaint. Although waiver is not regulated in our laws, in judicial practices and doctrine, the notification that the victim will not complain to the competent authorities is It has been accepted that the complaint will be deemed to be waived." 2004/58 K.

CAN THE PARTY WHO HAS ABANDONED THE COMPLAINT FILE A LAWSUIT FOR DAMAGES?

TCK 73/6. According to the article; "If the dismissal of the public case is due to the fact that the person who was harmed by the crime gave up the complaint and also declared that he gave up his personal rights when he gave up, he can no longer file a lawsuit in the civil court."

As can be understood from the above provision, in order for the person to lose the opportunity to file a lawsuit in civil courts, he must give up the complaint, dismiss the case, and state that he will not use his personal rights while giving up. Mere renunciation does not eliminate the possibility of filing a lawsuit in civil courts. Again, renunciation must be made in the presence of a judge. Otherwise, the possibility of filing a lawsuit is not eliminated. For example, the right to sue a person who gives up the complaint at the prosecutor's office will not be eliminated. An example Supreme Court decision is shared below:

"According to Article 111 of the Turkish Penal Code, if the dismissal of the public case is due to the fact that the person who was harmed by the crime gave up the case and did not reserve his personal rights when he gave up, he can no longer file a lawsuit in the civil court. It can be seen that in order for the waiver of the injured party to have legal consequences, the abandonment must take place before the judge both after the public lawsuit is filed and the public case must be dismissed with this abandonment. However, in the concrete case, the plaintiff gave up his complaint at the preparation stage and one of the two conditions sought in the law is "The phenomenon of renunciation has not occurred before the judge. Renunciation that does not occur after the filing of a public lawsuit and before the judge does not prevent the filing of a civil lawsuit." Y4 HD. 2005/8500 K.

As we stated above, it is not possible to enforce this provision in case of waiver.

RIGHT TO COMPLAIN AND DEFAMATION

As it is known, the right to complain is a right granted to individuals by the constitution. Every citizen can complain about a crime that he knows or thinks has been committed. However, this complaint should not reach the level of slander. Complaining about a crime that someone knows they did not commit is considered slander. But a special caste is required for this. There are some situations where the complainant is considered to have justified impressions that the crime has been committed. On the other hand, a decision of KYOK or acquittal may have been given against the person to whom the complaint was made. Here, it is not right to file a public lawsuit against the complainant for slander based solely on this decision. In order for the crime of libel to occur, the constitutional right to complain must be exceeded. Detailed evaluations were made in the following Supreme Court decisions:

"On the other hand, in order for the crime of slander to occur, the perpetrator of the crime of slander must know that the person he accuses of an unlawful act did not commit this act. In this respect, the crime of slander can only be committed with direct intent. However, for this crime to occur, direct intent alone is not sufficient; in addition, the perpetrator must act in order to initiate an investigation and prosecution against the person he accuses of an unlawful act or to ensure that he is subjected to an administrative sanction. Therefore, in terms of the crime of slander, the perpetrator must act beyond intent. There must be a purpose, in other words, there must be specific intent. Therefore, if the perpetrator makes a report with the belief and suspicion that the alleged act was committed by the victim, based on certain events or facts, the elements of the crime of slander will not occur.

Even if its content is not proven, in cases where the notification or complaint can be considered as the exercise of a constitutional right, there will be a reason for compliance with the law. In Article 36 of our Constitution, everyone has the right to claim and defend and have a fair trial as plaintiff or defendant before the judicial authorities by using legitimate means and ways, in Article 40, everyone whose rights and freedoms granted by the Constitution are violated has the right to request the opportunity to apply to the competent authority without delay. In Article 74, it is emphasized that citizens and foreigners residing in Türkiye have the right to petition and complain about matters concerning themselves or the public, provided that there is reciprocity. This constitutional right granted to individuals requires them to apply to state bodies in order to "protect their interests" and "unrestrictedly exercise their freedoms" in their relations with the administration and other individuals. This application may concern the individual, a third party or the public. The state bodies that can be appealed to are the legislature, executive and judiciary. The main way in which the right to petition arises in the judicial field is the use of the right to notice and complaint." Y8HD. 2020/12461 K.

"In order for the crime of slander against the defendant to occur, the perpetrator of the crime of slander must know that the person he accuses of an unlawful act did not commit this act. However, in order for this crime to occur, direct intent alone is not sufficient, and the perpetrator must also act with the motive of initiating an investigation and prosecution against the person he accuses of an unlawful act, or to ensure that he is subjected to an administrative sanction. Therefore; based on certain events or facts, the perpetrator has the belief and suspicion that the act he is accused of was committed by the victim. The elements of the crime of libel will not be formed if the notification is made with the following. Again, even if the content cannot be proven, in cases where the notification or complaint made can be considered as the exercise of a constitutional right, there will be a reason for legality. In Article 36 of our Constitution, everyone has the right to a fair trial as plaintiff or defendant before the judicial authorities by making use of legitimate means and ways, and in Article 40, everyone whose rights and freedoms granted by the Constitution are violated have the authority to do so. "Since the defendant has the right to request the opportunity to apply to the authority without delay, and since the contradictory circumstances in the concrete case must also be interpreted in favor of the defendant, it should be decided that the elements of the crime of slander against the defendant have not been met." YCGK 2022/280 K.

WHAT ARE THE CRIMES SUBJECT TO COMPLAINT?

As we mentioned above, crimes subject to complaint are an exception. For this reason, a complaint is not required for a crime that is not listed in the law. Crimes based on complaints are listed in the Turkish Penal Code and some special laws. Crimes that are subject to complaint in the criminal law are as follows:

• Simple wounding (art. 86/2),
• Intentional injury committed by negligent behavior (Art. 88). 86/2 of injury. remaining within the scope of the article,
• Negligent injury (Art. 89/1).
• Negligent injury (Art. 89/2, 3, 4). Except for conscious negligence.
• Sexual assault (Art. 102/1).
• Sexual assault (Art. 102/2nd sentence).
• Sexual intercourse with a minor (Art. 104/1).
• Sexual harassment (Art. 105/1).
• Threat (Art. 106/1 second sentence).
• Violation of residence immunity (Art. 116/1, 2, 4).
• Violation of freedom of work and labor (Art. 117/1).
• Disturbing people's peace and tranquility (Art. 123/1).
• Insult (Art. 125/1, 2, 3). Except for duty to a public official.
• Insulting the memory of a person (Art. 130/1, 2). Except for duty to a public official.
• Violating the confidentiality of communication (Art. 132/1, 2, 3).
• Listening and recording conversations between individuals (Art. 133/1, 2, 3).
• Violation of privacy (Art. 134/1, 2).
• Theft (Art. 141). If it is committed against the persons specified in Article 167/2 of the Law.
• Aggravated theft (Art. 142/1, 2, 3). If it is committed against the persons specified in Article 167/2 of the Law.
• Situations requiring less punishment in theft crimes. (Art. 144/1)
• Theft of use (Art. 146/1).• Damage to property (Art. 151/1, 2).
• Qualified cases of damaging property (Art. 152/1,2). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Do not damage places of worship and cemeteries (Art. 153/1). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Rape where there is no right (Art. 154/1, 2, 3). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Abuse of trust (Art. 155/1, 2).
• Using free bill (art. 156/1).
• Fraud (Art. 157/1). If it is committed to the detriment of the persons specified in Article 167/2 of the Law
• Qualified fraud (Art. 158/1,2). In case it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Circumstance requiring less punishment in fraud (Art. 159/1).
• Disposal of lost or mistakenly acquired goods (Art. 160/1).
• Fraudulent bankruptcy (Art. 161/1). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Negligent bankruptcy (Art. 162/1). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Benefit without compensation (Art. 163/1,2). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Incorrect information about companies or cooperatives (Art. 164/1). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Purchasing or accepting criminal property (Art. 165/1). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Not providing information (Art. 166/1). If it is committed to the detriment of the persons specified in Article 167/2 of the Law.
• Abuse of open signature (Art. 209/1).
• Violation of the obligation arising from family law (Art.233/1).
• Abduction and detention of a child (Art. 234/3).
• Disclosure of information or documents that are trade secrets, banking secrets or customer secrets (Art. 239/1, 2, 3).
• Crime against a foreign head of state (Art. 340/2).
• Insulting the flag of a foreign state (Art. 341/2).
• Insulting representatives of foreign states (Art. 342/2) (Reciprocity is required).