Crimes Subject to Reconciliation and Areas of Application in Criminal Law
Criminal law defines crimes and determines the sanctions to be applied against these crimes in order to ensure the safety of individuals and society. However, some crimes are considered more suitable for resolution through reconciliation. In this article, we will examine the crimes subject to reconciliation and their areas of application in criminal law in items.
1. What is Reconciliation?
Definition: Reconciliation is an agreement reached between the parties in order to compensate for the damages incurred as a result of a criminal incident. In terms of criminal law, reconciliation takes place between the victim and the perpetrator.
Purpose: The main purpose of reconciliation is to accelerate the criminal trial process, ensure social peace and compensate the victim for the damage.
2. Crimes Subject to Reconciliation
Crimes subject to reconciliation are generally defined as less serious crimes where reconciliation can be achieved between the victim and the perpetrator. Crimes subject to reconciliation in Turkey are as follows:
Simple Injury: Situations that cause minor physical injuries. For example, a person punching another person.
Petty Theft: Theft of low-value items. For example, stealing a product worth 10 TL from a market.
Damage to Property: Actions that damage other people’s property. For example, scratching someone’s car.
Insult: Verbal or written insults made to others. For example, negative comments made on social media.
3. Reconciliation Process
The reconciliation process consists of several stages:
Application: The victim or the perpetrator can request reconciliation. This application is made to the prosecutor’s office or the court.
Appointment of a mediator: A mediator is appointed to ensure reconciliation between the parties. The mediator brings the parties together and provides communication.
Meetings: The parties come together through the mediator and discuss their problems.
Agreement: When a compromise is reached between the parties, the mediator puts the content of the agreement in writing. The agreement enters into force with the signature of the parties.
4. Benefits of Reconciliation
Here are some important benefits of reconciliation:
Quick Solution: Reconciliation speeds up the litigation process. Problems can be resolved without waiting for the court process.
Social Peace: Reconciliation contributes to establishing peace between the parties. Hostility and conflict are eliminated.
Compensation of the Victim’s Damage: The victim ensures that the damage he/she has experienced is compensated through reconciliation.
5. Areas of Application
Reconciliation practices are evident in various areas:
Family Law: In divorce cases, parties can reach an agreement on property sharing and child custody.
Commercial Law: In labor disputes, the continuity of commercial relations can be ensured by reaching an agreement between the parties.
Criminal Courts: Reconciliation in criminal cases reduces the workload of criminal courts and helps justice to proceed more quickly.
6.
Crimes subject to reconciliation and the reconciliation process have an important place in criminal law. This process has not only a legal but also a social function. Reconciliation between the parties contributes to the establishment of peace and trust in society. Encouraging reconciliation allows the criminal justice process to function more effectively.
