Master'sOpen Access

In the Criminal Procedure Code no. 5271 alternative dispute resolution method

2025
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Advisor: Doç. Dr. İsmail Dursunoğlu

Abstract (EN)

The institution of mediation is one of the most significant mechanisms introduced as an alternative resolution method to the traditional criminal justice system, which has been implemented throughout history. In classical criminal law, justice is sought to be achieved by subjecting the perpetrator of an act deemed a "crime" to sanctions determined by statutory provisions. However, a legal system that solely focuses on punishing the offender does not allow for the voice of the victim to be heard, nor does it provide space for them to express their emotions and thoughts. Particularly in today's evolving and developing societal context, various psychological and sociological findings recognized as universal values—demonstrate that for a person who has suffered an injustice, being able to express themselves, share their feelings, and feel safe within a legitimate framework is of critical importance in overcoming the traumatic and negative aspects of their experience and reintegrating into life. Conversely, it is equally important for the offender to confront the consequences of their actions, understand their wrongdoing, and have the opportunity to make amends—especially to prevent recidivism and to ensure that criminal behavior does not become habitual or normalized. These processes, in turn, contribute to a more comprehensive and long-term justice framework with far-reaching societal implications. Arising from such needs, the concept of restorative justice—which aims to give voice to the victim and enhance the offender's awareness and sense of responsibility—has found a place in the legal systems of many countries in various forms. At its core, the restorative justice approach includes a variety of institutions under the umbrella of alternative dispute resolution mechanisms. Among these, the most prominent and globally recognized module is the mediation process, which was first introduced into Turkish Criminal Law in 2005 and has since evolved through numerous amendments and updates. Beyond its moral emphasis on the needs and values of victims and offenders, the institution of mediation has provided substantial procedural benefits to the justice system by alleviating the increasing number of court cases and prolonged trial processes in judicial institutions. With the expansion of the categories of offenses eligible for mediation, mediation offices have been established under the offices of public prosecutors.This study addresses the concept of restorative justice, its emergence and rationale, the fundamental principles of mediation, the procedural aspects of mediation, the definition and qualifications of mediators, the legal framework governing mediation, its implementation within the Tur kish criminal justice system, the concept of edim in mediation, examples of obligations serving public benefit, and media-reported real-life cases of mediation practices in the province of Bayburt.

Author

Dr. Asya Büşra Alim

Institution

How to Cite

Asya Büşra Alim (Master Thesis). In the Criminal Procedure Code no. 5271 alternative dispute resolution method, 2025, Bayburt University.

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