Master'sOpen Access

Reconciliation in criminal procedure law

2019
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Advisor: Dr. Öğr. Üyesi Can Canpolat

Abstract (EN)

The science of law, whose claim is to reach justice, continues to progress with thousands of years of development. Its development occurs not by rejecting the past but by adding innovations to the past. In the early times of history, it was accepted that the crime was committed against the person and his tribe, and the purpose of individual punishment was determined as revenge. With the development of the state structure, the perspective at the crimes changed and it was accepted that the crimes were committed against the state and society and the aim was determined as the correction of the offender and its integration into the society. The change in this perspective changed the victim's position and passivated the victim. Understanding of criminal justice which is offender-oriented recently began to be discussed because the victim's and society's victimization could not be resolved and social peace could not be achieved. Developing understanding of law, began to form the idea of restorative justice for the wounds of victims and society. With the idea of restorative justice, it is aimed to ensure social peace by eliminating the harm of the victim and accepting the results of the act of the offender entering the healing process. Thus, the development of the reconciliation institution, one of the alternative dispute resolution methods, started. In this study, the implementation of the reconciliation institution in our country is examined. Our study consists of three chapters. In the first chapter of our study, we have examined the understanding of restorative justice that constitutes the intellectual infrastructure of the reconciliation institution and alternative dispute resolution methods, including settlement methods, such as reconciliation institution. In the second chapter, we examined the historical development of the reconciliation institution and its implementation in Turkish and international law. Then we compared and discussed the reconciliation institution principles and the criminal procedure principles. In the last section, we have examined the implementation of the reconciliation institution in our country and revealed its deficient and controversial aspects.

Author

Dr. Necmettin Çakır

How to Cite

Necmettin Çakır (Master Thesis). Reconciliation in criminal procedure law, 2019, Yalova University.

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