Processing of Cases Related to Completed Crimes
In completed crimes, it is stated that the statute of limitations period shall commence from the date the crime was committed (TCK Article 66/6).
The legislator, in paragraph 6, distinguishes between completed crimes and crimes that remain at the attempt stage, stating that the statute of limitations period for completed crimes shall commence from the date the crime was committed.
In practice, it is understood that time is the moment the act was committed. In practice, it is understood that time refers to the moment the act was committed.
Therefore, the wording of the provision is oriented towards the commission of the act, and this may
lead to differences in interpretation. In fact, the basis of the movement in doctrine
lies in the points where this determination in terms of time is accepted in practice.
However, in doctrine, regarding the commencement of the statute of limitations, in crimes that are entirely the result of the act,
it has been stated that the statute of limitations period shall commence from the date the result occurred,
and in consequential crimes, this is largely expressed in this manner.
When we look at the determination of the statute of limitations in our Misdemeanors
Law, we see that the concepts of act and result are used.
Article 20, paragraph 4 of the Misdemeanors Law states that
the statute of limitations shall commence upon the commission of the act or the occurrence of the result. We believe that this
is a better regulation in terms of eliminating the problems that may arise in the regulation (differences of opinion in doctrine).
The determination of the statute of limitations in the Misdemeanors Law The determination of the statute of limitations in the Misdemeanors Law
is similar to the provision in Article 78a of the German Criminal Code. Although the concept of the time the crime was committed is used in our Criminal Code (Article 66/6), we also agree with the majority opinion in the doctrine regarding the statute of limitations. In other words, we will only distinguish between crimes that result from an act.
We also take into account Article 20 of the Misdemeanors Act. Therefore, we believe that for the statute of limitations period to begin, all elements of injustice must have been realized.