MEDIATION IN THE TURKISH CRIMINAL JUSTICE SYSTEM

• Published in: Godišnjak pravnog fakulteta u Sarajevu Vol. 62; pp. 729 - 742
• Main Author: Maden, Mehmet
• Format: Journal Article
• Language: English
• Published: Sarajevo University of Sarajevo 01-01-2019
• Subjects: Correctional treatment programs; Crime; Criminal procedure; Indictments; Legal procedure; Mediation; Offenses; Restorative justice; Victims
• ISSN: 0581-7471

Through the mediation, which is a process related to restorative justice, it is aimed to give a chance to the perpetrators of crimes to eliminate the negative impacts of the crimes they have committed; to restore peace between the perpetrator and the victim and the persons suffering damage from the crime; to satisfy the victims and the persons who suffer damage from the crime; and also to relieve the workload of the criminal justice system. In the Turkish criminal justice system, trying mediation for the crimes falling under the procedure of mediation is a condition to prosecute. According to Article 174 of the Criminal Procedure Code, indictments which are produced without applying the mediation procedure for the crimes according to the investigation file clearly falling under the provisions of "mediation" shall be returned to the Public Prosecutor's Office by the trial court. Mediation is realised during both the investigation and the prosecution phases in the Turkish criminal justice system. Mediation is realised through the procedure of mediation or through an agreement between the suspect/accused and the victim and the person who suffers damage from the crime. In this work, an overview to the mediation in the Turkish Criminal Justice System will be tried to be given. Crimes falling under the procedure of mediation, legal character, procedure and the results of the mediation will be examined.