WHAT ARE THE CRIMINAL PROCEDURES TO BE FOLLOWED IN THE EVENT OF DEATH IN AN EARTHQUAKE?
WHAT ARE THE CRIMINAL PROCEDURES TO BE FOLLOWED IN THE EVENT OF DEATH IN AN EARTHQUAKE?
In my column this week, I will try to explain the criminal procedures that must be followed regarding those who lost their lives as a result of the recent earthquake disaster.
In criminal law, criminal liability varies depending on the person who committed the crime and the outcome resulting from the manner of its occurrence.
The relatives, spouses, and children of those who lost their lives as a result of the earthquake disaster have the right to file a criminal complaint against those responsible and the authorities at the Chief Public Prosecutor's Office of the location where the event took place. The spouse, children, and relatives of the person who died or was injured as a result of the earthquake disaster have the right to pursue legal remedies. Given the possibility of a security vulnerability in the earthquake zone, they have the right to go to another province or district and file a criminal complaint with the Chief Public Prosecutor's Office, requesting that the complaint petition be sent to the Chief Public Prosecutor's Office of the region where the earthquake occurred. Any person who is not a relative or a legal or appointed heir of the person who lost their life as a result of the earthquake also has the right to file a criminal complaint with the Chief Public Prosecutor's Office. However, in this case, the Chief Public Prosecutor's Office does not accept this as a complaint, but accepts it as a notification and continues the investigation ex officio.
Article 85 of the Turkish Penal Code;
As regulated in the Turkish Penal Code, this is a type of crime that is not subject to any complaint or criminal notification and must be pursued ex officio by the Chief Public Prosecutor's Office. For this reason, without the need to submit a complaint petition to the Chief Public Prosecutor's Office, the Chief Public Prosecutor's Office must initiate an investigation and, if elements of the crime are found, prepare an indictment to open a public lawsuit.
At the same time, those harmed by the crime also have the right to file a criminal complaint with the Chief Public Prosecutor's Office of the location where the event took place.
Article 173 of the Criminal Procedure Code;
As regulated in the relevant article of the Criminal Procedure Code, in the event that the Chief Public Prosecutor's Office decides that there is no room for prosecution after investigating the criminal complaint made by the person harmed by the crime, they have the right to object to this decision. The person harmed by the crime may file an objection against the decision of non-prosecution rendered by the Chief Public Prosecutor's Office to the Criminal Judgeship of Peace in the location of the Assize Court to which the Chief Public Prosecutor's Office is affiliated, within 15 days from the date of notification of the decision.
In the event of death as a result of an earthquake disaster, a trial must be initiated against the relevant parties and those responsible for the crime of intentional killing as regulated in the Turkish Penal Code.