There has been a new development in the Oğuz Murat Aci case that shook Turkey to its core. Şükriye Aci, the wife of Oğuz Murat Aci, the father of 1 child who lost his life in the accident, announced that she gave up her complaint against Eylem Tok and her son Timur Cihantimur, who fled to the USA, on the grounds that “all our material and moral damages have been compensated”.
While this statement caused a great controversy in the public opinion, the words of Oğuz Murat Aci’s father Özer Aci were on the agenda:
“He shamelessly said he had financial difficulties. He has a brand new car. I continue with my case.”
At this point, the public wonders: If the wife withdraws her complaint, is the case dropped? Can the father go through the process alone? Our legal assessment on this issue is in the details of our article…
Is the Case Dismissed When the Spouse Withdraws the Complaint?
The case is governed by Art. 85/2 is the crime of “causing death by negligence” and this type of crime is not subject to complaint. That is, the withdrawal of a complaint by a relative of a victim does not stop the criminal investigation and prosecution. The prosecutor’s office acts on behalf of the public and prosecutes. Withdrawal of the complaint may only be effective in some cases (such as a reduction in the penalty).
Can the Father File a Complaint Even if the Wife Waives the Complaint?
Mr. Özer Aci, the father of Oğuz Murat Aci, who lost his life, is the first-degree relative and legal heir of his son. Therefore:
- Can participate (intervene) in a criminal case.
- He/she can claim material and/or moral damages.
- The fact that the wife has withdrawn her complaint does not prevent the father from filing a complaint independently.
The withdrawal of the complaint by the spouse does not end the process; the case may continue with the father’s follow-up. Moreover, it is of great importance, both legally and conscientiously, that the father Özer Aci, who has suffered the greatest moral damage, follows this process.
Material Compensation Does Not Eliminate Criminal Liability
Despite the spouse’s statement that “our damages have been compensated”, the responsibility of the perpetrator in criminal proceedings does not end with a financial payment. Compensation payments can only be a reason for a reduction in the penalty, but not for the elimination of the penalty.
As a matter of fact, Art. 61 and m. 62 provisions also provide for such an assessment.
Legal Opinion
The fact that a woman with a child who has lost her husband gives up her complaint after financial compensation, even though it is a “right” in the legal system, creates a deep shock in terms of conscience.
The fact that Özer Aci, the father who has suffered the most in this process and who has taken the most open stance, is still determined to “let justice prevail” is important not only for his own child but also for society’s trust in the law. A son cannot be brought back. But when justice is served, the social conscience will be restored to some extent. At this point, the fact that the legal process has not ended despite the disappointment in the public conscience caused by the step taken by the husband and that the father is following the file is a pleasing development that instills hope for the restoration of justice.
This incident reminds us once again:
Criminal law is obliged to uphold not only individual justice but also the collective sense of justice and trust of society, because the establishment of justice relieves the conscience of a nation, not of an individual.
Geçmez Law Office