Criminal Statute of Limitations in Turkish Law

In this article, we will explore the concept of statute of limitations for criminal cases as outlined in Articles 66 and following of the Turkish Penal Code (Law No. 5237). We will examine how the limitation periods are determined, the impact of qualified forms of crime on these durations, and the system adopted under Turkish law for calculating them.

I. What is Criminal Statute of Limitations?

The criminal statute of limitations refers to the period after the commission of a crime during which legal proceedings must be initiated. Once this period expires, public prosecution is either barred from being initiated or must be dismissed if already underway. This period, distinct from penal limitation periods, refers specifically to the time before a judgment becomes final. Penal limitation periods, on the other hand, apply to the execution of a final sentence.

Crimes such as genocide and crimes against humanity, or those committed by organized groups, are not subject to any limitation period. These cases may be prosecuted at any time, and sentences can be enforced until the convicted individual's death (Articles 76/4, 77/4, and 78/3 of the Turkish Penal Code).

II. Statutory Periods for Criminal Cases

According to Article 66/1 of the Turkish Penal Code:

• 30 years for crimes requiring aggravated life imprisonment,

• 25 years for crimes requiring life imprisonment,

• 20 years for crimes requiring imprisonment not less than 20 years,

• 15 years for crimes requiring imprisonment between 5 and 20 years,

• 8 years for crimes requiring imprisonment up to 5 years or judicial fines.

These periods are general rules, but exceptions are provided within the same article. For example, shorter periods apply to juvenile offenders, per Article 66/2.

III. Commencement of Limitation Period

The limitation period starts from the date of the offense. In attempted crimes, it begins from the last act committed. For continuous crimes, it starts from the end of the illegal conduct. In chain crimes, it starts from the last offense. For crimes committed against children by parents or guardians, the limitation begins when the child turns 18.

If the date of the offense is uncertain, the principle of "in dubio pro reo" (benefit of the doubt) applies, and the date most favorable to the suspect is taken into account.

IV. Suspension and Interruption of Limitation Period

Article 67 of the Turkish Penal Code provides for the suspension and interruption of limitation periods. Suspension means the clock stops temporarily, and interruption means the clock resets and restarts from zero.

Suspension occurs due to:

• Required permissions or decisions pending,

• Resolution of preliminary issues,

• Suspect being declared a fugitive.

Interruption occurs when:

• A suspect gives a statement before the prosecutor or judge,

• A detention order is issued,

• An indictment is filed,

• A conviction is rendered.

In the event of interruption, the limitation period starts anew and may be extended by up to half of the original duration (Article 67/4).

V. Effect of Retrial on Limitation Period

According to Article 66/5, if a retrial is ordered, the limitation period restarts from the date the retrial decision is accepted. This only applies to retrials and not to other review mechanisms like appeals for the benefit of the law.

VI. How the Limitation Period is Determined

The type and severity of the alleged crime play a crucial role in determining the applicable limitation period. If a crime is reclassified or found to be of a more serious nature during trial, the new qualification may affect the limitation period.

Article 66/3 stipulates that the limitation period must be calculated based on the qualified or aggravated form of the offense if evidence supports it. However, if the statute of limitations for the originally charged offense has expired, the prosecution cannot proceed solely based on a reclassification.

In case of multiple legal interpretations, the one most favorable to the suspect is typically applied.

VII. Different Systems for Calculating the Limitation Period

Legal scholars have identified three main systems for calculating limitation periods:

1. Abstract penalty system: Based on the maximum penalty prescribed by law.

2. Concrete penalty system: Based on the actual sentence that would be imposed.

3. Mixed system: Combines elements of both abstract and concrete penalties.

Turkish law adheres to the abstract penalty system, where the upper limit of the penalty specified in the law determines the limitation period.

VIII. Conclusion

The criminal statute of limitations plays a vital role in ensuring fair trials and maintaining judicial efficiency. It guarantees legal certainty while protecting individuals from indefinite legal jeopardy. However, careful case-by-case evaluation is necessary to determine whether a crime’s prosecution is time-barred. At Bayraktar Attorneys, we closely examine all elements of a criminal file to ensure our clients benefit from any potential procedural defenses, including limitation periods.