The conciliation agency and implementation problems in the prosecution process

More and more every day in Turkish society, acts of violence are committed in the form of trauma, injustice and inequality, as reflected in the visual and social media. The inadequacy of criminal justice is one of the main problems of the current legal and social debates in Turkey. Besides, the term "restorative justice" is a fairly new concept. The victim and offender mediation, on the other hand, requires coherence among justice and educational systems to ensure social peace as a result of restorative justice. The aim of this study is to examine the problems experienced in victim and offender mediation practice, especially during the prosecution phase. This thesis deals with victim and offender mediation services as follows: the functioning of the conciliation institution and the problems in the prosecution phase. Trying to resolve disputes with alternative solutions appears as an approach that gains more and more importance in today's legal systems as an alternative to classical criminal proceedings. Increasing sensitivity regarding the protection of victims' rights also increases the need for alternative dispute resolution methods such as reconciliation. In today's technology world, the rapidly increasing population and the sudden increase in crime types in a short time also contain important factors that push the states to find other solutions before the trial. One of these factors is the workload of the courts. In the first part of our study, within the framework of restorative justice understanding, the historical development and legal nature of the reconciliation institution, the basic principles and concepts related to the reconciliation institution will be tried to be emphasized. In the second part, examinations and evaluations will be made about the institution of reconciliation in Turkish law, the different aspects, functioning and structure of the institution of reconciliation in the context of comparative law and international law. In the third part, crimes that fall under the scope of reconciliation in criminal procedure law will be discussed and reconciliation institution will be discussed in general terms during the investigation phase. Finally, in the fourth chapter, the appearance of the reconciliation institution in the prosecution phase and the problems experienced in practice will be discussed, the discussions in the doctrine and the differences in practice will be compared, and new views on the solution ways have been expressed.