Restorative justice theory and its reflections on the criminal laws of Turkey and Iraq

This study aims to compare and analyze the restorative justice practices in Turkish Criminal Law and Iraqi Criminal Law systems. The study is important in terms of examining the restorative justice practices in Turkey and Iraq in detail by addressing the theory of restorative justice. Within the scope of the study, the qualitative analysis method was used by reviewing many domestic and foreign literature on the research topic. The limitations of the study are the restorative justice practices in the Turkish Criminal Law and Iraqi Criminal Law systems within the scope of restorative justice theory. Among the practices in Turkey; are alternative sanctions to short-term imprisonment, postponement of imprisonment, pre-sentencing, effective regret, postponement of the opening of the public case, deferral of the announcement of the verdict, summary procedure, simple trial procedure, reconciliation, conditional release, special execution procedures, probation, truth commissions. The practices in Iraq include "alternative sanctions to short-term imprisonment, suspension of execution, fines, confession bargaining, postponement of the opening of the public case, postponement of the execution of the verdict, summary judgment, penalty order, conciliation, conditional release, special execution procedures, probation, truth commissions. In conclusion; out of the thirteen practices examined, seven practices have the same name and six practices have different names; restorative justice practices in both countries have many common aspects by universal legal rules; the closeness and inclusiveness of restorative justice practices to restorative justice practices in other developed and modern countries in the world are related to the socioeconomic development level of the country; that the older the enforcement history of the practices, the more inclusive they are; the main common point of all restorative justice practices is to strengthen the offender by both punishing and rehabilitating him/her without breaking his/her bond with the society can be told.