Offences subject to reconciliation

What is reconciliation?

Reconciliation (uzlaştırma) means that the suspect and the victim end the criminal case by reaching an agreement through a reconciliation officer (uzlaştırmacı). If reconciliation is achieved and the agreed performance is fulfilled, the prosecutor issues a decision of non-prosecution; if a case has already been filed, the court dismisses it. No separate compensation claim can be brought on the matter agreed.

Offences subject to reconciliation (Code of Criminal Procedure (CMK) art. 253(1)):

• Offences whose investigation and prosecution depend on a complaint;
• Even if not dependent on a complaint: intentional injury (TCK art. art. 86(1)), intentional injury committed by omission (TCK art. 88), violation of the freedom to work (TCK art. art. 117(1)), theft (TCK art. 141), fraud (TCK art. 157), purchasing or accepting property obtained through crime (TCK art. 165), abduction and retention of a child (TCK art. 234);
• Offences committed by children in criminal proceedings against a natural person or a private-law legal entity, where the maximum penalty does not exceed three years.

Even where they depend on a complaint, offences against sexual integrity, stalking and insult are not subject to reconciliation. If an offer of reconciliation is not answered within seven days, it is deemed to have been rejected.