Sexual Intercourse with a Minor Offense (Turkish Criminal Code Article 104) – Decision to Dismiss

The court decisions published in this section were obtained in cases in which Attorney Mert Sönmez personally acted as counsel and defense counsel.

REPUBLIC OF TÜRKİYE

*** COURT

CASE NO: ***

DECISION NO: ***

REASONING

Upon examination of the entire case file, although a public prosecution was brought against the juvenile accused, seeking punishment under Article 103/2 of the Turkish Criminal Code for aggravated sexual abuse, the act forming the subject of the indictment had to be legally characterized as sexual intercourse with a minor. Prosecution of this offense is subject to a complaint; under Article 73 of the Turkish Criminal Code, a complaint is a condition for prosecution. Since it was understood that the victim did not lodge a complaint within the statutory period, it was decided that the public prosecution against the juvenile accused be dismissed due to withdrawal of the complaint, pursuant to Article 223/8 of the Code of Criminal Procedure No. 5271 by virtue of Article 73 of the Turkish Criminal Code No. 5237, and judgment was entered as follows.

JUDGMENT

Since a complaint is a condition for prosecution under the relevant article and it was understood that the victim did not lodge a complaint within the statutory period, THE PUBLIC PROSECUTION AGAINST THE JUVENILE ACCUSED SHALL BE DISMISSED due to withdrawal of the complaint, pursuant to Article 223/8 of the Code of Criminal Procedure No. 5271 by virtue of Article 73 of the Turkish Criminal Code No. 5237.