Appointment Of A Victim Representative In The Criminal Procedure Code And Legal Regulation
Legal Regulation:
Article 234 of the Law No. 5271 regulates the rights of the victim and the complainant. Accordingly, the victim and the complainant have the right to request a lawyer to be assigned to them by the bar association if they do not have an attorney. If the victim is under the age of eighteen, deaf, dumb or disabled to the extent that he/she is unable to express his/her wishes and does not have an attorney, an attorney will be appointed without his/her request (paragraph 234/2).
The regulation in the draft law was as follows:
“Rights of the victim of the crime and the complainant:
Article 246: The rights of the victim of the crime and the complainant are as follows:
1. In the investigation phase;
a. To request the collection of evidence,
b. Requesting a copy of a document from the public prosecutor, provided that it does not violate the confidentiality and confidentiality of the investigation,
c. To have his/her lawyer examine the investigation documents and seized and safeguarded items, provided that this is in accordance with Article 153,
d. To exercise the right to object to the decision of the public prosecutor that there is no grounds for prosecution in accordance with the procedure stipulated in the law.
2. In the prosecution phase;
a. To be informed of the hearing,
b. Participation in the public prosecution,
c. Claiming personal rights in a public case in which he/she participates, provided that the subject matter and nature of the case are favorable,
d. Requesting samples of minutes and documents,
e. Requesting the summoning of witnesses,
f. If he/she does not have a lawyer, to request the appointment of a lawyer by the bar association as a participant pursuant to Article 251,
g. To apply for legal remedies against the decisions concluding the case, provided that they have participated in the case.
These rights shall be explained to the victims of the crime and the complainant and recorded in the minutes.
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