![\"\"](\"https:\/\/www.ozkokhukuk.com\/wp-content\/uploads\/2024\/10\/judge-3665164_1280-2-400x214.jpg\")
<\/p>\n<\/p>\n
Criminal law is a set of rules that regulate the penalties to be applied to people who commit crimes. However, not every crime needs to be tried in criminal court. In some crimes, criminal proceedings can be avoided by choosing reconciliation between the perpetrator and the victim. What is important in this process is reaching an agreement between the parties and compensating the victim for their losses. Crimes subject to reconciliation provide an alternative solution in the trial, allowing a fair result to be reached more quickly.<\/p>\n
1. What is Reconciliation?<\/p>\n
Definition: Reconciliation is an alternative solution applied to certain crimes committed within the scope of criminal law. The problem is solved instead of the criminal court process by reaching an agreement between the perpetrator of the crime and the victim. In this case, the victim’s losses are covered and a criminal case may not be filed against the perpetrator.<\/p>\n
Example: The perpetrator and the victim who committed a minor crime of damaging property may agree through reconciliation and waive the punishment of the perpetrator in exchange for the compensation of material damages.<\/p>\n
2. What are the Crimes Subject to Reconciliation?<\/p>\n
Some crimes may be subject to reconciliation according to the Turkish Penal Code (TCK) and the Code of Criminal Procedure (CMK). These crimes are generally among those in which personal rights are violated and do not directly harm society.<\/p>\n
Simple Injury (TCK Art. 86\/2): Reconciliation is possible in cases where the perpetrator intentionally harms the victim but this damage can be remedied with simple medical intervention.<\/p>\n
Example: If the crime of simple injury is committed in an argument between neighbors, the parties may reach an agreement and no lawsuit may be filed.
\nInsult (TCK Art. 125): The crime of insult is committed when the perpetrator harms the honor of the victim. However, if the perpetrator and the victim reach an agreement, the criminal process may be terminated.
\nExample: An insult incident between two employees at work may be resolved by agreement between the parties.
\nThreat (TCK Art. 106): The crime of unjustly threatening a person may also be subject to reconciliation, but the threat must not lead to more serious consequences.
\nExample: If a person threatens his\/her neighbor over a minor issue, the parties can avoid filing a criminal case by reaching an agreement.<\/p>\n
Disturbing the Peace and Tranquility of Persons (TCK Art. 123): If the perpetrator has engaged in disturbing behavior with the aim of disturbing the peace and tranquility of the victim, this crime may also be within the scope of the agreement.<\/p>\n
Example: If a neighbor is constantly disturbed by phone, the parties can avoid going to the criminal process by reaching an agreement.<\/p>\n
Damaging Property (TCK Art. 151): The crime of intentionally damaging the property of others is among the crimes subject to agreement.<\/p>\n
Example: A person who damages a parked vehicle can compensate for the material damage by reaching an agreement with the victim and the filing of a lawsuit can be prevented.<\/p>\n
Fraud (TCK Art. 157): Simple fraud crimes can also be resolved outside the criminal process if the parties reach an agreement.<\/p>\n
Example: A person who makes an unjust profit during a small purchase can reach an agreement by returning the money to the victim.<\/p>\n
3. How Does the Agreement Process Work?
\nInvestigation Phase: If it is determined that the crime is subject to reconciliation, the prosecutor conducting the investigation offers reconciliation to the parties. The parties declare whether they are willing to reconcile.
\nReconciliation Offer: A reconciliator is assigned between the parties. The reconciliator ensures that the parties reach an agreement by holding talks. The victim’s damages, compensation or another agreement may be provided.
\nResult of Reconciliation: If reconciliation is reached, a criminal case is not filed or the case filed is dismissed. If reconciliation cannot be reached, the criminal trial continues.
\nExample: If an insult incident at a workplace is resolved through a reconciliator and an agreement is reached between the parties with material compensation, the case process ends.
\n4. Reconciliation and Public Lawsuit
\nPublic Crimes: Reconciliation can only be applied to certain crimes. Crimes that harm society or disrupt public order cannot be subject to reconciliation. For example, reconciliation is not possible for crimes such as serious injury, sexual crimes, and drug trafficking.
\nNo Public Lawsuit: When reconciliation is reached, there is no need to file a public lawsuit. In this case, the criminal record of the perpetrator remains clean and the criminal law process ends.<\/p>\n
Example: A person who committed the crime of damaging property can prevent a public lawsuit from being filed by reaching an agreement with the victim.<\/p>\n
5. Advantages of the Reconciliation Process
\nFast Resolution: Reconciliation is a faster solution compared to criminal proceedings. The parties can reach an agreement in a short time without going through long trial processes.<\/p>\n
Remediation of Damages: Reconciliation ensures that the victim’s damages are quickly remedied. The perpetrator compensates the victim’s rights by paying compensation or repairing the damages.
\nPrevention of Criminal Sanctions: When reconciliation is reached, the perpetrator is prevented from being punished and having a criminal record. This can help reintegrate the perpetrator into society.<\/p>\n
Example: In an insult case, the parties can reach an agreement and resolve the issue without creating a criminal record for the perpetrator.<\/p>\n
6. What Happens If Reconciliation Fails?
\nIf Reconciliation Cannot Be Reached: If the parties cannot reach an agreement or the victim does not agree,<\/p>\n
The criminal case continues. The court makes a decision based on the evidence and may impose a penalty on the perpetrator.<\/p>\n
Example: In a case filed for the crime of threat, if the parties cannot reach an agreement, the court process continues and the court decides according to the nature of the crime.<\/p>\n
7. Legal Basis for Reconciliation
\nCriminal Procedure Code: Reconciliation in Turkey is regulated in the Criminal Procedure Code (CMK). The relevant articles of the law specify how and for which crimes reconciliation can be applied. The parties can accelerate the trial process by reaching an agreement within the legal framework.<\/p>\n
Example: According to the regulations in the CMK, the crime of simple injury can be subject to reconciliation and the criminal process can be terminated by reaching an agreement between the parties.<\/p>\n
8. Status of Parties Not Participating in Reconciliation
\nNon-Compulsory Process: Reconciliation is a voluntary process. The parties are not obliged to participate in reconciliation. If the victim does not agree to reconcile on the compensation of their damages, the criminal case continues.
\nExample: If a victim of a threat crime does not agree to compromise with the perpetrator, the case will continue in court.<\/p>\n
Compromise is an important mechanism in criminal law that allows the parties to reach an agreement and avoid the criminal process. However, not every crime","protected":false},"excerpt":{"rendered":"
What are the Crimes Subject to Reconciliation? Alternative Solutions in Criminal Law Criminal law is a set of rules that regulate the penalties to be applied to people who commit crimes. However, not every crime needs to be tried in criminal court. In some crimes, criminal proceedings can be avoided by choosing reconciliation between the […]<\/p>\n","protected":false},"author":12,"featured_media":9362,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9359","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9359","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=9359"}],"version-history":[{"count":2,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9359\/revisions"}],"predecessor-version":[{"id":9937,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9359\/revisions\/9937"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/9362"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=9359"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=9359"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=9359"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}