Reconciliation in Criminal Procedures

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Reconciliation in Criminal Procedures (Mediation in Criminal Courts) in Turkey


What is reconciliation?
Reconciliation is the termination of the criminal
proceedings as a result of the agreement
which the victim makes with the suspect.

The investigation file is not closed before the
agreement concluded after the reconciliation
is fulfilled. If the opposite party fails to fulfil his/
her promise, the reconciliation is null and void.

What happens if I accept the proposal of
reconciliation?

Reconciliation process starts. During this
process which continues with the help of
a reconciler, the parties negotiate how to
compensate the financial and non-financial
losses of the person who has suffered from
the crime. These negotiations are confidential
and cannot be used against the suspect as
evidence. Accepting reconciliation is not a
confession of the crime.

Who can be a reconciler?
S/he is the person who conducts the process of
reconciliation. While the public prosecutor can
be the reconciler himself, he can also assign a
person who has received law education. The
parties, in agreement, can request assignment
of a lawyer or another law professional chosen
by themselves.

Should I pay a fee to the reconciler?
No fee will be charged from the parties for the
services of the reconciler. When the parties
reconcile, the fee is paid by the State. If there
is no reconciliation, it is received from the
accused person in case of conviction as a part
of the trial cost.

On which issues can we reconcile?
Since reconciliation is a process which is left to
the parties, the parties are free to agree on any
kind of matters either financial or non-financial.
• Compensation or reparation of the financial or
non-financial loss caused by the action,
• Granting donation to a public institution or a
person(s) who are in need,
• Temporary work at a private entity serving for
public interest
• Participation in a programme which will help
the concerned person be beneficial to the
society,
• Apologizing from the victim.
We reconciled, what happens next?
In case of reconciliation, you are obliged to
fulfil what you have agreed to do. When you
fulfil this obligation,
• Distress of the victim will be eliminated rapidly,
• No case will be filed against the suspect,
• If there is an ongoing case, it will be dismissed,
• There will be no possibility of conviction and
having a criminal record.

Reconciliation is different from withdrawal of
a complaint!
Reconciliation does not mean withdrawal
of a complaint. However, if the complaint is
withdrawn before reconciliation, you cannot
benefit from it. Therefore, instead of the
statement of "I have no complaint, I want to
reconcile", you should say "I have a complaint
and I want to reconcile".

Can reconciliation be reached in any kind of
crime?
No. Reconciliation can be used only for the
investigations and prosecutions of the crimes
which are prescribed by law. These crimes are
as follows:
• Crimes of which investigation and prosecution
is conditional on a complaint (excluding sexual
assault and crimes having the provisions of
effective repentance),
• Deliberate injury (Article 86 and 88 of the
Turkish Penal Code, excluding paragraph 3),
• Reckless injury (Article 89 of the Turkish Penal
Code),
• Violation of the immunity of residence (Article
116 of the Turkish Penal Code),
• Kidnapping and detention of children (Article
234 of the Turkish Penal Code),
• Disclosure of information or documents which
are in the nature of business, banking or
customer secrets (Article 239 of the Turkish
Penal Code, excluding paragraph 4).

How is reconciliation conducted?
• Law enforcement agencies, the Public
prosecutor or judge tell the parties details and
consequences of reconciliation.
• They ask the parties if they want to reconcile.
• The parties inform the authorities on their
decision about reconciliation within 3 days.
• Provided that both parties agree to reconcile, a
reconciler is assigned.
• Parties negotiates with the help of the reconciler
and take the decisions about themselves.
• The process is finished when the suspect
fulfils the act which is decided collectively and
the criminal proceeding comes to an end.

Do I waste time if I accept the proposal of
reconciliation?
Victims may think reconciliation is loss of
time and the suspect may think s/he will
gain time during this process but it is wrong.
Reconciliation is a fast process. The reconciler
is obliged to finalise the process within 30
days. The public prosecutor may extend this
time limit for another 20 days if s/he deems
necessary. During reconciliation, prescription
time does not work.

Is it possible that I will be deceived if I accept
reconciliation?
No. Reconciliation is under the control of the
public prosecutor. If you do not accept the
opposite party's proposal with your free will,
the process will be finalised.