Conciliation is regulated in Section 2, chapter 1, Articles 253 and 254 of the Code of Criminal Procedure.
Conciliation
Article 253–(Change: 6/12 / 2006-5560 / 24 art.)(1) the suspect with the victim or the real or private legal person who has been harmed by the crime are tried to be reconciled, in the following crimes.
a) Offences prosecuted and investigated on complaint.
b)Regardless of whether it is subject to the complaint or not, included in the Turkish Penal Code; 1.malicious injury (except the third paragraph, article 86; article 88),2. Reckless injury (article 89),3. (Annex: 24/11 / 2016-6763 / 34 art.) Threat (article 106, first paragraph),4. violation of residence immunity (article 116),5. (Annex: 17/10/2019 - article 7188/26) (2) violation of the freedom to work and labour (article 117, first paragraph; article 119, first paragraph (c)),6. (Annex: 24/11 / 2016-6763 / 34 art.) Theft (article 141),7. (Annex: 17/10 / 2019-7188 / 26 art.) (2) Misuse of trust (article 155),8. (Annex: 24/11 / 2016-6763 / 34 art.) Fraud (article 157),9. (Annex: 17/10 / 2019-7188 / 26 art.) (2) Purchase or acceptance of criminal goods (article 165),10. Abduction and hold captive of the child (article 234),11. Offenses of disclosure of information or documents that are trade secret, banking secret or customer secret (except for the fourth paragraph, article 239),c) (Annex: 24/11 / 2016-6763 / 34 art.)Offenses requiring imprisonment or a judicial fine, the upper limit of which is not more than three years, in terms of juveniles pushed to crime, provided that the victim or the person harmed by the crime is a real or private legal person.
(2) Except for those whose investigation and prosecution are subject to complaint; In order to be able to reconcile the crimes in other laws, there should be clear provisions in the law.
(3) Even if the investigation and prosecution depends on the complaint, (...) 1) In crimes against sexual inviolability conciliation cannot be applied. (Additional sentence: 26/6/2009 - 5918/8 art.)Conciliation provisions shall not apply if an offense within the scope of conciliation is committed against the same victim together with another crime not included in this scope.
4) If the crime subject to investigation is subject to conciliation and there is sufficient suspicion to file a criminal case(kamu davası??) , the file is sent to the conciliation office. The conciliator appointed by the bureau proposes a conciliation to the suspect and the victim or the person harmed by the crime.In the event that the suspect, the victim or the person harmed by the crime is a minor, the proposal for conciliation is made to their legal representatives. The conciliator may also make the proposal for conciliation through an annotated notification or rogatory.If the suspect, victim or the person who is harmed by the crime does not notify his / her decision within three days of the proposal, he / she is deemed to have rejected the offer.
(5) In the event of a proposal for conciliation, the nature of conciliation and the legal consequences of accepting or rejecting the conciliation are explained to the person.
(6) If the victim, the person affected by crime, the suspect or their legal representative cannot be reached due to not being at the address specified in the investigation file, or being abroad, and not being declared these changes to the official authorities, the investigation is concluded without conciliation.
(7) In order to be able to seek consiliation due to a crime that has caused the victimization or harm of more than one person, the victim or all those who are harmed by the crime must agree to compromise.
8) proposal for Conciliation, or acceptance of the offer does not prevent the collection of evidence regarding the crime subject to investigation and the implementation of protective measures.
(9) (Abolished: 24/11 / 2016-6763 / 34 art.)
(10) Cases in which the judge specified in this Law cannot hear the case and the reasons for challenge to judge shall be taken into consideration in relation to the appointment of a conciliator.
(11) A copy of the documents included in the investigation file and approved by the public prosecutor is given to the appointed conciliator.The conciliation office reminds the conciliator that they are obliged to comply with the principle of confidentiality of the investigation.
12) The conciliator finalizes the conciliation procedures within thirty days at the latest after being given a copy of the documents in the file. The conciliation office may extend this period up to two more times, not exceeding twenty days each time.
(13) Conciliation negotiations are conducted in secret.Suspect, victim, the person affected by crime, legal representative, lawyer and defence counselor may participate in conciliation negotiations. If the suspect, the victim or affected person herself/himself or her/his legal representative or attorney refrains from participating in the negotiations, she/he is considered to have not accepted the conciliation.
14)The conciliator can meet with the public prosecutor about the method to be followed during negotiations; The public prosecutor can give instructions to the conciliator.
(15) At the end of the conciliation negotiations, the conciliator prepares a report and submits it to the conciliation office together with the document samples given to it. In case of conciliation, in the report including the signatures of the parties, the way in which the conciliation was reached is explained in detail.(Additional sentence: 24/11 / 2016-6763 / 34 art.). The conciliation office sends the investigation file, report and written agreement, if any, to the public prosecutor.
(16) Despite the rejection of the conciliation proposal, the suspect and the victim or the affected person may apply to the public prosecutor with a document showing that they have compromised, at the latest until the date of the indictment.
(17) If the public prosecutor determines that the conciliation is based on the free will of the parties and the act is in accordance with the law, seals and signs the report or document and keeps it in the investigation file.
(18) If the conciliation is inconclusive, conciliation cannot be applied again.
(19) As a result of conciliation, if the suspect fulfills his / her action all at once, it is decided that there is no need for prosecution. In the event that the execution of the act is postponed to a future date, split into the installment or being continuous, a decision is made to postpone the filing of a public action against the suspect, without seeking the conditions in article 171. Lapse of time does not work during the delay. If the requirements of the conciliaiton are not fulfilled after the decision of postponing the filing of a public case, a public case is filed without the requirement in the fourth paragraph of Article 171. In case of conciliation succeed, no action for damages can be filed for the crime subject to investigation;The lawsuit is deemed to have been withdrawn. In case the suspect fails to fulfill his / her actions, the concillaition report or document shall be considered as one of the documents having the nature of a verdict written in Article 38 of the Execution and Bankruptcy Law No 2004 dated 9/6/1932.
20) Statements made during conciliation negotiations cannot be used as evidence in any investigation, prosecution or lawsuit.
21)From the date of the first conciliation proposal to a suspect, victim or a person who was harmed by the crime, until the conciliation attempt fails, and at the latest, until the date the conciliator arranges his/her report and submits it to the conciliation office, lapse of time and duration of lawsuit, which is the condition of prosecution, shall not run.
(22) (Amended first sentence: 24/11 / 2016-6763 / 34 art.)The conciliator is paid according to the tariff determined by the Ministry of Justice. Fee of Conciliator and other conciliation expenses are counted as litigation expenses. In case of conciliation succeed, these expenses are covered by the State Treasury.
(23) The legal remedies regarding in this Law may be applied to the decisions to be taken as a result of conciliation.
(24) (Amended: 24/11 / 2016-6763 / 34th art.)A conciliation office is established within each chief public prosecutor's office and a sufficient number of public prosecutors and personnel are assigned. Conciliators are assigned from the conciliator lists determined by the Ministry of Justice, which include lawyers or people with legal education. The conciliator sends the report, minutes and written agreement, if any, to the office. At the end of the conciliation process, the investigation files are finalized by the public prosecutors working in the conciliation office.
(25) (Annex: 24/11 / 2016-6763 / 34 art.)The qualifications, training, examination, duties and responsibilities of conciliator, the audit, the qualifications and audits of the persons, institutions and organizations to provide training, the registration of the conciliator, the arrangement of the lists of the conciliators and educational institutions, the working procedures and principles of the conciliation offices established within the office of the chief public prosecutor, the conciliation proposal and the negotiation procedures and principles regarding the issues to be included in the conciliation agreement and the report and other issues related to implementation are regulated by a regulation issued by the Ministry of Justice.
In addition to the result of preventing criminal cases, a successful conciliation will prevent problems of execution of punishment, possible civil litigation and enforcement proceedings as well as contribute to social peace by preventing new crimes.
In our criminal procedure law, conciliation is regulated as a judicial condition.( CMK article 174/1-c)
It is also the reason for the return of the indictment.
Conciliation can also take place during the prosecution phase.
In this case, a dismissal decision is made about the accused.
When the decision of dismissal is compared with the decision of not to punish, we see that the decision of dismissal is more favorable for the defendant.
Because, if a decision is made that there is no need for punishment, the security measure can be imposed against the defendant and the liability for compensation will not be removed.
However, in practice, we often encounter the situation in which separate and more than one crime occurs in the same event, both subject to and not subject to conciliation.
In this case, first of all, the necessary procedures in terms of the conciliation procedure should be carried out, and the legal status of the defendant should be determined according to the result.