What Is Reconciliation in Criminal Law, and for Which Offences Does It Apply?

This article is an English translation of the Turkish original published by the office.

One of the basic aims of criminal law is to minimise the effects of crime and protect public order while delivering criminal justice. In this context, reconciliation between the victim and the offender has an important place, particularly in mitigating the social dimension of the offence and speeding up proceedings. In this article we explain what reconciliation is in Turkish criminal law and how it applies.

What is reconciliation?

Literally, reconciliation means reaching agreement on a subject or event; conciliation is the effort made to resolve a dispute. The person trying to reconcile two parties seeks an intermediate solution between their conflicting demands, to the benefit of both. In the Turkish criminal justice system, reconciliation (uzlaşma) can be defined as ending a criminal investigation or prosecution where the suspect or accused and the person harmed by the offence agree on remedying the harm, or are brought to agreement by an independent conciliator.

Which offences are subject to reconciliation?

Reconciliation is regulated in Article 253 of the Code of Criminal Procedure No. 5271. The offences covered are:

• (a) offences whose investigation and prosecution depend on a complaint;
• (b) regardless of whether a complaint is required, the following offences in the Turkish Criminal Code: intentional injury (Art. 86 except paragraph 3; Art. 88), negligent injury (Art. 89), threats (Art. 106/1), violation of the inviolability of the home (Art. 116), violation of the freedom of work and labour (Art. 117/1; Art. 119/1(c)), theft (Art. 141), breach of trust (Art. 155), fraud (Art. 157), purchasing or accepting proceeds of crime (Art. 165), abduction and retention of a child (Art. 234), and disclosure of trade, banking or customer secrets (Art. 239 except paragraph 4);
• (c) for children pushed into crime, in addition, offences punishable by imprisonment or a judicial fine with an upper limit not exceeding three years, provided that the victim or the person harmed is a natural person or a private-law legal entity.

Except for offences prosecuted on complaint, reconciliation for offences in other laws requires an express provision in the law. Even if prosecution depends on a complaint, reconciliation is not possible for offences against sexual inviolability, persistent stalking (Art. 123/A) and insulting a public official because of their duty (Art. 125/2). Nor do the reconciliation provisions apply if an offence covered by reconciliation is committed against the same victim together with an offence not covered.

How does reconciliation work?

Conciliation offices have been set up within each Chief Public Prosecutor’s Office, staffed with prosecutors and personnel. Conciliators are appointed from lists determined by the Ministry of Justice of law graduates; they may be independent and impartial lawyers or law-educated persons meeting the conditions of the Regulation on Conciliation in Criminal Procedure.

If the offence under investigation is subject to reconciliation and there is sufficient suspicion to file a public case, the file is sent to the conciliation office. The appointed conciliator makes a reconciliation offer to the suspect and the victim or person harmed (to their legal representatives if they are minors), and may do so by explanatory notification or by letters rogatory. A person who does not state their decision within seven days of the offer is deemed to have refused it (Art. 253/4).

Where an offence harms more than one person, all victims must accept reconciliation (Art. 253/7). The conciliator completes the process within thirty days of receiving copies of the file documents; the office may extend this twice, by up to twenty days each time (Art. 253/12).

Negotiations are confidential. The suspect, victim, person harmed, legal representative, defence counsel and attorney may take part; refusing to take part is deemed a refusal of reconciliation (Art. 253/13). At the end, the conciliator prepares a report; if reconciliation is achieved, the report, signed by the parties, sets out in detail how they reconciled. The office sends the file, report and any written agreement to the prosecutor (Art. 253/15).

Even if the offer was refused, the parties may declare to the prosecutor, with a document showing they have reconciled, that they have reached agreement — at the latest by the date the indictment is drawn up (Art. 253/16). If the prosecutor finds that the reconciliation is based on the parties’ free will and that the agreed performance is lawful, the report or document is sealed, signed and kept in the file (Art. 253/17). If conciliation fails, it cannot be attempted again.

What decision is given after reconciliation?

If the suspect performs the agreed obligation at once, a decision of non-prosecution is given. If reconciliation fails, an indictment is drawn up and a public case is filed.

If it becomes clear after the case is filed that the offence is subject to reconciliation, the file is sent to the conciliation office. If reconciliation is achieved and the accused performs at once, the court dismisses the case. If performance is deferred, paid in instalments or continuous, the court suspends the proceedings; limitation does not run during the suspension, and if the obligations are not fulfilled, the trial resumes where it left off (Art. 254).

As seen, reconciliation is a detailed subject. Help from an experienced lawyer is useful, particularly in determining whether an offence is subject to reconciliation and in following the process.

Türker Law Office provides legal representation on assessing whether offences are subject to reconciliation, conciliation at the investigation and prosecution stages, reconciliation offers and negotiations, and the effects of reconciliation on criminal proceedings.