Master'sOpen Access

The conciliation in the Criminal Procedure Law

2009
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Advisor: Doç. Dr. Mustafa Ruhan Erdem

Abstract (EN)

The Turkısh Legislator, for the purpose of not to diverge from improving and changing law approaches- has provided the conciliation concept take part in our lives, considering the courts? workloads, to perform equity and to institute social peace before transiation of inconsiderable controversies to the courts, by TCK (Turkish Criminal Law) numbered 5237.The conciliation consept, which has been regulated at the Article 253 f Code Of Criminal Procedure, is based on the principle of the conciliation of perpetrator with aggrived person fort he crimes depanded upon complaint.The inquiry fort he crime would be concluded via quashed indictment as regarding the effacement of the loss (damnum) which is performed conciliation by the concilator between perpetrator and aggrived person.That concept could not show its bright face despite being in effect for three years in Turkish Law. Fort his reason, we will contribute in that subject by declaring our opinions about controversial matters related with the concept which has been improved and had major changes by the Law numbered 5560, that is not well known as well.Despite being in third year in our lives, there is not much written sources which are elucidating the subject of the conciliation concept with its details except a few studies. On the occasion of this stituation, there are lots of hesitations about application of this concept.Our study is composed of four parts. The concept, legal character of concilation, the concilation in the comparative law, the concilation and the criminal law principles are mentioned at the first chapter. At the second chapter, the rules of the concilation had been described. And at the third chapter, the topics the concilation of investigation, final investigation, process of law procedure had been defined under the ?methods of concilation? headline. At the fourth and final section of our study, the results of concilation had been expressed .We request acceptence of this study, by mentioning that our declarations about the controversial matters are consist of modest enterprises and to contribute for the detailed studies about the subject.Key Words: The conciliation, The conciliation between perpetrator and aggrieved person, The Conciliation in The Criminal Procedure Law, To settle a controversy by the concilation

Author

Dr. Candide Şentürk

How to Cite

Candide Şentürk (Master Thesis). The conciliation in the Criminal Procedure Law, 2009, Dokuz Eylül University.

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