Mediation in the Criminal Procedure

What is reconciliation?

Compromise, crime victims and suspects of the crime of criminal prosecution as a result of the agreement is ended.


How is reconciliation?

Reconciliation by the authorities conducting the investigation to ask whether they wish. If the agreement said both sides wanted a mediation conducted by constructivist reconciliation process begins. Constructivist view through mediation and the parties to ensure reconciliation is a conclusion, making criminal suspects had been agreed jointly with the reconciliation process is completed, the criminal prosecution is over.


Possible compromise in any crime?

No. Compromise the investigation and prosecution of crimes specified in the law, but it is possible. These crimes include:
• Investigation and prosecution of complaints related to crimes (sexual assault crimes and the crime except for the provisions of effective regret)
• The crime of intentionally hurt (except the third paragraph, the Penal Code Article 86, Article 88),
• negligence with injury (Penal Code Article 89),
• Housing is a breach of integrity (Article 116 TPC),
• child kidnapping and detention (Article 234 TPC),
• Trade secrets, banking secrets or customer information or the secret nature of documents (except the fourth paragraph, the Penal Code Article 239)



Who will make the compromise offer?
The public prosecutor made under the supervision of reconciliation is a process. Compromise offered by the public prosecutor or his instructions enforcement (police and gendarmerie) is performed by. If you have not done and the case turned on the criminal court judge makes. Compromise proposal is accepted within three days of the bid will be rejected not reported.

What happens if we accept the compromise proposal?
Reconciliation process would be started. Ins through an ongoing mediation in this process are discussed with all parties of the person and criminal damage to property or how to resolve the issue of moral hazard is in negotiations for all parties.

Reconcile the constructivist is who?
The person conducting the reconciliation process is. As the public prosecutor can do the job himself had studied law may appoint a person as well as reconcile constructivist. The Parties agree that their choice as a lawyer or a law-trained like the other person may be appointed as settlement Constructivist.

What is reconciliation process?
The process of reconciling the parties to negotiate under the auspices of constructivist means. This process is confidential. Conversations between the parties against whom the future can not be used.

Would you agree if I were to compromise my Oya?
Victims and reconciliation process is a waste of time when the criminal suspect may think will win, but this is not true. Birsüreçtir compromise fast. Reconcile the constructivist is obliged to complete the process within 30 days. If necessary, the public prosecutor may extend this period to 20 days. During the period of limitation does not compromise functioning.

I agree to compromise if I can be cheated?
No. Compromise the public prosecutor birsüreçtir under control. Opposite side of your free will to accept the offer unless the process ends.

Blood for me to suspect a crime to accept compromise, we do not Tell What Happens
Such a thing is impossible. Compromise agreement reached as a result of the investigation file being closed will not be fulfilled. If the party does not fulfill the promise of reconciliation shall be considered.

I Am Guilty interest agrees to compromise?
No. To accept the offer of reconciliation, confession does not mean a crime. If you perform mediation and compromise the investigation is closed and your rights to criminal record (criminal record) will not be saved.

I accept the compromise! What we can agree on?
Reconciliation is a process that has been left to the parties by law are not contrary to the moral condition of the material or they are free to agree on any issue.

• Acts of physical or moral damage caused wholly or partly be compensated or to bring the former circumstance,
• Victims of crime suffer from, or as successor to the rights of a third person or persons all or part of the material or moral damage compensation or to bring the former circumstance,
• A public institution or a private organization serving the public interest by making donations to the needy person or persons to be found in such acts,
• Victims of crime suffered, or what it will demonstrate a third person, a public agency or public utility to serve a specific organization's specific services temporarily to fulfill society or beneficial to the individuals make a program to participate in such other obligations under Entering
• Victims of criminal damage than or apology.

We have reconciled, What Happens Now?
If you reconcile your obligation to understand what you do. For example, to compensate, or make a donation to the association have agreed on the payment or donation, the prosecutor will not prosecute your rights if you are on stage, if the court opened the trial stage will be reduced.

Taken from the Ministry of Justice Legal Aid Page.