Withdrawal Of Complaint
WHAT IS WAIVER OF COMPLAINT?
Waiver of complaint refers to the waiver of the right of complaint by the victim, complainant, participant or injured party in the criminal investigation or prosecution. The right to waive the complaint can be exercised by the person himself/herself or by his/her attorney who has special authorisation in his/her power of attorney.
IS THERE A TIME LIMIT FOR WAIVING THE COMPLAINT?
Although a 6-month period is stipulated in the law for the exercise of the right to complain, no period is specified for the waiver of complaint. The complaint can be waived until the investigation phase is over, that is, until the decision is made by the prosecutor, and until the judgement given by the court is finalised in the prosecution phase.
HOW TO WITHDRAW A COMPLAINT?
The withdrawal of the complaint is made to the competent Chief Public Prosecutor’s Office in the investigation phase and to the criminal court of first instance or the heavy criminal court in the prosecution phase with a petition or by recording the verbal statement in the minutes.
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