What Is Reconciliation (Uzlaştırma) in Criminal Cases? Which Offenses Qualify and How Does It Work?

What Is Reconciliation (Uzlaştırma) in Criminal Cases? Which Offenses Qualify and How Does It Work?

Reconciliation is an alternative dispute resolution mechanism set out in the Code of Criminal Procedure, allowing the suspect/defendant and the victim (or the party harmed by the offense) to reach an agreement through an independent mediator. If reconciliation succeeds, as a rule no public prosecution is initiated, or an existing case is dismissed.

Which Offenses Qualify for Reconciliation?

Certain offenses listed in the law — such as simple bodily harm, threats, violation of the inviolability of a residence, breach of trust, certain forms of fraud, and certain forms of theft — fall within the scope of reconciliation. Serious offenses such as crimes against sexual inviolability or intentional homicide are excluded.

How Does the Reconciliation Process Work?

1. The prosecutor's office or the court determines that the file qualifies for reconciliation.
2. The file is referred to the reconciliation bureau within the Chief Public Prosecutor's Office.
3. An independent mediator is appointed and meets with the parties, separately or together.
4. If the parties reach an agreement, its terms (apology, compensation, performance of an obligation, etc.) are recorded in a report.
5. The reconciliation report is submitted to the prosecutor/court; where the agreement is conditional on a future act being performed, the file may be held pending that act.

What Happens If Reconciliation Succeeds?

If reconciliation is reached during the investigation stage, the prosecutor issues a decision of non-prosecution. If reached during trial, the court rules that the public case is dismissed. Where performance of an obligation is agreed to take place at a later date, the case may be postponed for a set period.

What If One Party Doesn't Want to Reconcile?

Accepting the reconciliation offer is not mandatory. If either party declines, the file proceeds through the normal investigation/prosecution process; declining does not create any presumption against that party in the later proceedings.

Frequently Asked Questions

Does a successful reconciliation appear on a criminal record?

No — decisions of non-prosecution or dismissal resulting from reconciliation are not recorded on a criminal record.

Who pays the mediator's fee?

Except in cases specified by law, the mediator's fee is covered by the Ministry of Justice's budget; the parties are not charged.

Does failing to reconcile put the defendant at a disadvantage in the case?

No, failure to reach reconciliation cannot be interpreted against the defendant.

Source: Code of Criminal Procedure No. 5271, Arts. 253-255.

This content is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer to assess whether your case qualifies for reconciliation.