Conciliation Process in Turkish Criminal Law (Uzlaşma)

Conciliation (Uzlaşma) is an alternative dispute resolution mechanism introduced into Turkish Criminal Law to repair the damage to the victim, ensure social peace, and relieve the heavy workload of the courts. It allows the victim and the perpetrator to agree on a settlement, which legally ends the criminal process without a trial or a criminal record.

Which Crimes are Eligible?

Not all crimes can be conciliated. Generally, crimes that threaten society as a whole are excluded. The law focuses on crimes that are personal disputes. CMK Article 253 lists the eligible crimes:

1. Crimes Subject to Complaint: Generally, crimes that require the victim to file a complaint (Takibi şikayete bağlı suçlar).
2. Specific Catalog Crimes:
   • Simple Injury (Basit Yaralama) - TCK 86/1-2.
   • Threat (Tehdit) - TCK 106/1.
   • Violation of Privacy of Residence (Konut Dokunulmazlığının İhlali).
   • Violation of Working Freedom.
   • Basic Theft (Basit Hırsızlık) - TCK 141. (Surprising, but yes).
   • Fraud (Basit Dolandırıcılık) - TCK 157.

Excluded:

• Sexual Crimes (Immunity).
• Crimes against the State.
• Crimes committed against public officials due to their duty.

The Conciliation Procedure

1. Referral: The Prosecutor investigates. If they see sufficient evidence AND the crime is eligible, they send the file to the Conciliation Bureau (Uzlaştırma Bürosu).
2. Conciliator Appointment: An independent, trained conciliator (Uzlaştırmacı) is appointed. This person is neutral.
3. The Offer: The conciliator contacts both parties by phone/mail and asks: “Do you want to negotiate?”
   • Accepting the offer does NOT mean admitting guilt. It’s just agreeing to talk.
   • If you don’t answer within 3 days, it counts as rejection.
4. Negotiation: If both say yes, they meet (or negotiate via the conciliator).
5. Edim (Remedy): They agree on a condition to close the case. This can be:
   • Apologizing.
   • Paying X Amount of money (Material damages).
   • Repairing the broken window.
   • Donation to a charity (LÖSEV, Mehmetçik Vakfı).
   • Or simply “nothing” (unconditional forgiveness).

The Result

• Successful Conciliation:
  • During Investigation: The Prosecutor issues a “Decision of Non-Prosecution” (KYOK). Case closed. No Record.
  • During Trial: The Judge dismisses the case (Düşme Kararı). No Conviction.
• Failed Conciliation: If parties can’t agree, the file goes back to the Prosecutor, and a lawsuit is filed. The statements made during negotiation cannot be used as evidence in court. (e.g., You can’t say “He offered to pay me, so he admitted it!”).

Conclusion

Conciliation is a “win-win.”

• For the Victim: Immediate compensation without waiting 2 years for a trial.
• For the Suspect: No criminal record, no prison risk. However, sometimes victims demand exorbitant amounts. In such cases, going to trial might be the rational choice.

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