Conciliation in criminal procedure law

Today, due to the approach focusing the victims and sorting the disputes out through extrajudicial methods is accepted, the institutions serving to reparative justice like conciliation, have been taking effect, to help resolve disputes, as alternatives to the classical criminal procedure. In this study, the concept of conciliation is examined by considering the definition of conciliation, its legal status, benefits, intellectual origin, reparative justice approach, and criminal principles. Besides, the conciliation procedure is explained in detail in terms of the principles of conciliation, its provisions, and its investigation and prosecution phase. The issues missing in legal regulations and are thereby causing problems in practice are examined under the relevant titles. The conciliation, which is a victim-based method resulting from rising of individuals' importance in criminal law and the product of reparative justice, is a process which the persons parties to dispute, gather to solve of the negative results of a criminal act through their freewill and an objective third party. The conciliation, which is a victim-based method derived from rising of individuals' importance in criminal law and it is also the product of reparative justice, is a process which the persons parties to a dispute solve the negative results of a criminal act through their free will and an objective third party. As imposing a punishment on perpetrator does not eliminate the negative situation of victim, the passive role of the victim in criminal law is reduced by considering the approach which centering the victim who has suffered from a criminal act and neglected. Therefore, the purpose of conciliation is to prevent the re-victimization of the victim, through the participation of both the perpetrator and the victim by the relief of damage. In this scope, the purpose of conciliation, its benefits and procedure are examined in detail. In the study, as an alternative to dispute resolution carrying out by the government and the courts, the conciliation is examined by comparing with classic criminal law approach and it is emphasized that the criminal law requires the recognition of the right to provide social peace through the instrument of making an agreement or satisfaction of the victim. Furthermore, in this study, the results of conciliation, like reducing the excessive workload of the courts as a result of termination of the relationship between the perpetrator and the government, are examined. All in all, we come to the conclusion that completion of the missing issues in the legal regulations and elimination of the issues causing to the problems in practice are crucially important in order to increase the application rates to conciliation procedure, to fall the workload of the courts and to resolve the disputes quickly.