Conciliation in Criminal Procedure Law

Having originated from the notion of ?restorative justice? and from Anglo-Saxon legal tradition, conciliation has entered first to the Continental European laws and then to the legal system of Turkey, with the radical changes introduced by the new Turkish Penal Code (TPC), Law Number 5237, in 2006. In its first legal form, it was introduced in TPC, the Code on Criminal Procedure (CCP, Law Number 5271), and Child Protection Law (Number 5395). In response to the demands of the people and in order to solve practical issues, all laws related to conciliation was brought together under the CCP Law Number 5271.The institution of conciliation is a supplementary legal practice to the conventional penal/judiciary system. It was integrated into the conventional legal practice in order to meet the needs of the modern age and demands of the people who are subject to the judiciary.I discuss conciliation, which is new to the conventional judiciary in Turkey, in three chapters. In the first chapter, I lay out the notion of ?restorative justice,? its historical roots, and the notion of conciliation as well as its legal aims and characteristics. I also briefly present the relationships between criminal code, code of criminal procedures, and conciliation. Moreover, from a comparative perspective, I look into how conciliation in situated in the legal systems of several countries, including the US, Britain, Germany and France among others.In the second chapter, I analyze how conciliation is situated in Turkish Penal Code. I especially focus on the conditions of conciliation, damage estimation due to an unjust act, and getting positive results through it.In the third chapter, I assess how conciliation is put into practice in legal proceedings, investigations, and prosecutions. Moreover, I point out current bylaws and procedures in conciliation processes, including the appointment of a conciliator. Furthermore, according to whether legal consensus is reached or not, I examine the legal results and implications of a conciliation effort in legal investigations and prosecutions. Similarly, I study the general legal meanings and implications of conciliation.In the conclusion, I review my findings and results. I conclude that conciliation is a proper and just judiciary procedure that takes into consideration of increasing demands of the people and especially legal professionals who have a difficulty in handling a heavy workload. On the other hand, as opposed to the inflatory expectations from the institution of conciliation, it has not been implemented widely. I point out the reasons for this issue and provide some suggestions for increasing implementation of it.