18 Haziran 2010 Cuma

Compromise Proposal Form Example

T.C.
... ... ... ... ... .... Prosecutor's Office

Reconciliation PROPOSAL FORM


A. 5271 No. Criminal Procedure Act 2 substances under investigation the subject ... ... ... ... ... ... ... ... .... ... ... ... ... Crime of reconciliation is needed because of the open identity of people mentioned in this form (D) sections in the settlement of the nature of accept or reject a compromise settlement offer in the legal consequences were explained. ..../ ... ./20 .... Time: ... ... ..

Found in the bid
Prosecutor of
Name
Registry No.




B. THE OFFER Reconciliation
1. (....) Victim
2. (....), The legal representative of victims
3. (....) Suffered from crime
4. (....) Suffered from crime, the legal representative
5. (....) Suspicious
6. (....) The suspect's legal representative

ŞİİİŞİİ 1 T.C. ID No.
2. Name
3. Father's Name
4. Mother's name
5. Date and place of birth
6. Address and Contact Information


D. Accept or reject a compromise agreement with the nature of the legal consequences:
a) Reconciliation of crime arising from the partial or complete removal of the damage, return of the old state of physical or spiritual, or other lawful acts for money or other procedures to ensure reconciliation is a two-party agreement. In case of compromise of the victim or the accused suffered any legal proceedings for the termination of the rights and follow-up on suspected criminal investigation will conclude with the following conditions.
b) accept the offer of mediation by the other party talks about it, crime does not imply acceptance or renunciation of their rights. They have the rights of parties in this case also does not lead to a loss.
c) The Parties agree to accept the offer, even if they are not forced to compromise as a result of negotiations, consensus in that direction until it can renounce the will. Give up, do not result in loss of rights.
d) offer to compromise proposal was made within three days after law enforcement officials or the officials decided to inform the public prosecutor, unless bids will be rejected.
d) Although the parties reject the compromise proposals, they agree with a statement was issued at the latest by the date of the indictment by referring to the public prosecutor declared that they can reconcile.
e) Offer to be accepted, but if conciliation attempts fail to agree a further appeal to be savcısınca Republic.
f) offer to compromise or acceptance of bids, investigation to collect evidence of the crime and is not an obstacle to the implementation of conservation measures.
g) The Parties agree by the public prosecutor himself as, reconcile constructivist disbarred as a lawyer by the public prosecutor to be assigned attributes that can be defined in the law, regulation, or a person appointed trained. The parties agreed upon an attorney or law is a person trained according to the discretion they may be preferred.
i) Reconciliation of the parties during negotiations will be the subject of an investigation and possible explanations, including those relating to discipline, in any investigation or prosecution, or be used as evidence in litigation.
h) Settlement negotiations conducted in secret. Conciliation talks suspects, victims, crime and the people who suffer from the legal representative, lawyer and deputy may attend.
i) The suspect, victim or crime suffered by himself or the legal representative or proxy to abstain from participating in the state of negotiations, the agreement is deemed not to have to accept.
i) Reconciliation of the parties based on free will and act according to the law as determined by the public prosecutor if the express provisions of the conciliation report or document.
j) Reconciliation def'aten fulfilled if the act occurred and, no doubt about where the decision to prosecute is granted. This also applies to judicial records are not saved.
k) to fulfill the act of leaving the date forward, or be connected in a taxi to the signing of continuity, the terms of Article 171 of the Act not known suspects of public prosecution decided to postpone the opening. During the deferral limitation does not handle the case.
l) Public proceedings after the decision to postpone the opening, in case of fulfillment of the requirements of the agreement, the decision is not grounds for legal action.
m) public trial after the decision to postpone the opening, are not fulfilled the requirements of the state of reconciliation, the republic by the public prosecutor, the fourth paragraph of Article 171 of the Act in terms of public proceedings is not known.
n) In case the provision of conciliation, investigation because the crime compensation, restitution or other compensation of the former state of the case can not be opened. The case has been opened shall be deemed a waiver.
o) Settlement constructivist fees and other expenses of the conciliation proceedings shall be considered expenses, are paid from the appropriation. In case of compromise, these fees and expenses of the State Treasury is left over.
r) does not compromise the realization of the state of mediation in the settlement fees, and other expenses of constructivist about the provisions of the Act shall apply to the court costs.
p) In case the suspect does not fulfill the act of conciliation report or document, dated 06/09/1932 and numbered 2004 in Article 38 of the Bankruptcy Code in the written documents are considered nature writ.
r) suspects, victims or criminal damage than the one of the first compromise proposal in has been starting, mediation attempts fail and that the latest compromise report by organizing public prosecutor assigned to the date of the case until the statute of limitations with the prosecution, provided that the trial period does not handle.
h) Reconciliation can not be achieved if the public prosecutor, the investigation and prosecution complaint is connected to the upper limit of one year or less imprisonment which require reconciliation is needed for crimes, enough doubt exists, although the Law 171 article of the third paragraph of conditions accompanied the state of public trial opening may postpone the decision.

E. This form (D) section of the Criminal Procedure Act No. 5271 in accordance with Article 2 the nature of compromise, to accept or reject the compromise I understand the legal consequences. I received a copy of the form.
The compromise proposal to my party;
Review and would like to make a declaration within three days. ... /. ... ./20 ... Time: ... .... Signature
I agree. ... /. ... ./20 ... Time: ... .... Signature
I do not agree. ... /. ... ./20 ... Time: ... .... Signature

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