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Mediation in Criminal Law
Mediation in Criminal Law
January 5, 2024Av. Erencan Gülkan

What is Mediation?

Mediation is an alternative dispute resolution method regulated in the Criminal Procedure Code. This method aims to resolve disputes without trial by reaching an agreement between the victim and the suspect or defendant in certain crimes.

Crimes Within the Scope of Mediation

Mediation can be pursued in the following crimes:

  • Intentional injury (TPC 86/2)
  • Negligent injury (TPC 89)
  • Violation of dwelling immunity (TPC 116)
  • Kidnapping and detention of a child (TPC 234)
  • Disclosure of information or documents qualifying as trade secrets, banking secrets, or customer secrets (TPC 239)

Mediation Process

1. Mediation Offer

The public prosecutor or court makes a mediation offer to the parties. If the parties accept the offer, the process begins.

2. Appointment of Mediator

A lawyer or person with legal education is appointed as mediator.

3. Meetings

The mediator seeks common ground through separate or joint meetings with the parties.

Advantages of Mediation

Benefits provided by the institution of mediation:

  • Faster results compared to the trial process
  • Quick compensation of the victim's damages
  • Advantage of avoiding punishment for the suspect/defendant
  • Reduction in the workload of the judicial system
Mediation is an important institution both in terms of compensating the victim's damages and reintegrating the perpetrator into society. This institution, which is a reflection of restorative justice understanding, is gaining increasing importance in our criminal justice system.