What is Reconciliation?
Reconciliation is the termination of criminal proceedings as a result of the agreement of the victim of the crime with the suspect of the crime. The reconciliation procedure does not mean giving up the complaint. However, if the complaint is waived before the reconciliation, the reconciliation cannot be benefited from. Therefore, instead of the expression “I am not a complainant, I want to reconcile”, if you are still a complainant but want to reconcile, you should say “I am a complainant, but I want to reconcile”.
On the other hand, reconciliation is only possible in investigations and prosecutions related to the crimes specified in the law. These offenses are
– Crimes the investigation and prosecution of which are subject to complaint (except sexual assault crimes and crimes with effective remorse provisions)
– The offense of intentional injury (except for the third paragraph, Article 86; Article 88 of the TPC),
– Negligent injury (Article 89 of the Penal Code),
– Violation of residential inviolability (Article 116 TPC),
– Abduction and detention of a child (Article 234 of the TPC),
– Disclosure of information or documents that are trade secrets, banking secrets or customer secrets (except for the fourth paragraph, Article 239 of the TPC).
Reconciliation Meeting;
– Law enforcement officers, the public prosecutor or the judge explain to the parties in detail what reconciliation means and its consequences.
– The parties are asked whether they want reconciliation.
– The parties notify within 3 days whether they want to reconcile or not.
– If both parties declare that they want to reconcile, a conciliator is appointed.
– In reconciliation, the parties agree in front of the conciliator and make the decision about themselves.
– The reconciliation process is completed when the suspect of the crime does what is mutually agreed upon and the criminal proceedings are over.