Türkiye'de mağdur-fail uzlaştırması ve Aydın ili örnek olay çalışması

As there may be conflicts when two or more persons come in contact with one another or the event of relationships among human beings, we may witness the resolution of such conflicts using the concept of reconciliation. The concept of restorative justice, which is a new understanding, has emerged upon the failure of the traditional criminal understanding of the conflicts having a legal dimension to achieve the desired results. Therefore, restorative justice has brought about reconciliation as an alternative resolution. This alternative way of resolution which has been practiced in our country since 2005 is also included in our legal system with the Articles 253-255 of the Code of Criminal Procedure No. 5271 and Article 73/8 of the Turkish Penal Code No. 5237. In this study, the reconciliation process was evaluated in terms of the victim and the offender. The reasons of the victims and offenders to choose the reconciliation method and the effects of reconciliation were investigated. 8 investigation files that were concluded during the investigation stage as a result of the obtained performance executed by 8 different conciliators who were actively involved in the Aydın Public Prosecutor's Office's reconciliation list were examined. The qualitative data analysis was conducted with a semi-structured interview technique as a result of the voluntary participation of 11 victims and 8 offenders included in the relevant investigation files. The categories were formed using content analysis of the participants' answers given to 15 questions included in the questionnaire. This study further attempts to explain how the reconciliation institution is practiced for the victims and offenders who are the main actors of reconciliation. The arrangements in the Turkish Penal Code regarding reconciliation, the extension of the scope of offense and the increase in the files which are positively concluded with reconciliation reveal that reconciliation has been developing successfully in Turkey. It is also hoped that closely observing and deeply interpreting the process and carefully developing suggestions in terms of victims and offenders will contribute to the reconciliation institution as well. Keywords: Reconciliation, Victim-Offender, Restorative Justice, Conciliator, Performance