Master'sOpen Access

The importance of the reconciliation and the reconciler in Turkish criminal law

2019
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Advisor: Dr. Öğr. Üyesi İsmail Dursun

Abstract (EN)

Because of the rapid developments throughout the world, race and individual interests have come to the forefront, the rights of the victim and the need to protect the victim during the criminal proceedings have left the world countries as a whole and the need to establish and develop the mediation institution, which is one of the alternative solution methods. The United Nations and the Committee of Ministers of the Council of Europe have recommended the implementation of the mediation institution from the end of the 20th century and set out the basic principles associated with this concept. In line with these developments in our country, the Turkish Penal Code no. 5237 and the Code of Criminal Procedure no. Over time, the problems have been remedied and the number of crimes included in the scope of reconciliation has been increased. When the problems specific to the criminal proceedings in our country are evaluated as a whole; It is understood that the implementation success of the Conciliation Authority is of utmost importance. In the thesis study of the Mediation Institution in Turkish Criminal Law, the general information about the mediation institution, the concept of mediation and its legal quality are examined, the principles of mediation, the general provisions of mediation are discussed and the conditions of mediation are evaluated. Mediator qualifications - Training and Ethical Rules to be followed were discussed and solution oriented suggestions were made. Reconciliation institution, which is increasingly applied in our legal system, has been pointed out that the benefit cannot be realized sufficiently by the society due to the fact that it is not implemented in accordance with its original structure.

Author

Dr. Fikret Günay

How to Cite

Fikret Günay (Master Thesis). The importance of the reconciliation and the reconciler in Turkish criminal law, 2019, Yalova University.

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