Master'sOpen Access

Reconciliation in criminal procedure law

2020
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Advisor: Dr. Öğr. Üyesi Selman Dursun

Abstract (EN)

Reconciliation regulated in Article 253 and the rest in Criminal Procedure Law means, that the suspect or defendant and the victim of a crime due to a crime within the scope of reconciliation have reached agreement with the procedures and principles of the Criminal Procedure Law and the Regulation on Conciliation in Criminal Procedure. Conciliation is the process of settling the dispute by the conciliator who is appointed by the public prosecutor, manages the conciliation negotiations by agreeing the dispute between the parties in accordance with the procedures and principles mentioned Law and Regulation. Reconciliation, which aims to resolve the dispute between the offender and the suspect or defendant, is also an important institution in terms of peace in society. This institution, which differs from classical criminal procedure due to its restorative understanding of justice, has a structure aimed at protecting the victim. Due to its importance in our criminal law system, Reconciliation in Criminal Procedure Law is discussed in our thesis. Our thesis consists of three chapters. In the first chapter, general information about reconciliation and conciliation, intellectual origins of reconciliation and alternative dispute resolution, reconciliation in other laws, regional and international documents and reconciliation in Turkish Law are given. In the second chapter, the parties and the conditions of reconciliation are explained in detail. In the third chapter, firstly the common regulations of reconciliation in the investigation and prosecution phase are mentioned and then the reconciliation procedure and its results in the investigation and prosecution phase are mentioned in two separate titles. The aim of this study is to examine the legal arrangements related to reconciliation and conciliation also to discuss controversial issues in doctrine and practice.

Author

Dr. Pelin Cörüt

How to Cite

Pelin Cörüt (Master Thesis). Reconciliation in criminal procedure law, 2020, İstanbul University.

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