In this article, we aim to explain the mediation institution, which is a mandatory requirement for the investigation and prosecution of certain crime types in criminal procedure, in a short, understandable, and practice-oriented manner. It should be noted that what is mandatory is not reaching an agreement, but completing the mediation process positively or negatively. In practice, individuals seek answers to questions such as "what is mediation?", "will the case be dropped if we mediate?", "what should I do if I receive a mediation offer?".
Mediation is an important institution that ensures the resolution of disputes, especially between parties, without proceeding to the investigation and prosecution phase, and when managed correctly, it can provide significant advantages in terms of both time and cost.
- What is mediation?
- Which crimes are subject to mediation?
- How does the mediation process start?
- How does the mediation process proceed?
- What happens if mediation is successful?
- What happens if mediation fails?
- Frequently asked questions about mediation
1. What is Mediation?
Mediation is a criminal procedure institution that ensures the resolution of disputes outside the court and prosecution by bringing the suspect and the victim together through a mediator in certain crimes. The aim of this institution is to resolve the dispute between the parties, thereby both compensating the victim's harm and reducing the judicial workload.
2. Which Crimes are Subject to Mediation?
Mediation is applied only for crimes clearly specified in the law. Generally:
- Threat (simple form)
- Intentional injury (simple form)
- Damage to property
crimes like these are within the scope of mediation. In contrast, serious crimes and crimes that seriously concern public order are not subject to mediation.
3. How Does the Mediation Process Start?
The mediation process begins upon the determination that the crime is within the scope of mediation. The public prosecutor or, at the trial phase, the judge, sends the file to the mediation bureau, and a mediator is appointed. The mediator:
- Contacts the parties.
- Conveys the mediation offer.
- Conducts the meetings.
4. How Does the Mediation Process Proceed?
The mediator tries to establish a ground for agreement by meeting with the parties separately or together. During this process, the parties can agree on methods such as:
- Making a financial payment
- Apology
- Compensation of the harm
The mediation process is confidential, and any statements made by the parties cannot be used against them later.
5. What Happens if Mediation is Successful?
If the parties reach an agreement, a public case is not filed against the suspect. If a case has already been opened, it is dropped. When the agreed obligation (performance) is fulfilled, the file is completely closed.
6. What Happens if Mediation Fails?
If an agreement cannot be reached between the parties, the criminal proceeding continues normally. In this case, the prosecution completes the investigation. If there is sufficient evidence, an indictment is prepared.
7. What Happens if the Mediation Offer is Not Answered?
In case of failure to answer the mediation offer, the offer is considered rejected. In this case, the mediation process ends, and the trial process continues.
8. What Should Be Considered During the Mediation Process?
Although the mediation process is a more flexible solution, it must be conducted carefully regarding its legal consequences. Especially:
- The content of the obligations to be accepted
- Payment terms
- The scope of the mediation
must be evaluated correctly.
Importance of Mediation in Criminal Proceedings
Mediation offers the possibility of providing a fast and effective solution between the parties. Especially in crimes of a simple nature, it can lead to more practical results for the parties by preventing long trial periods.
FREQUENTLY ASKED QUESTIONS ABOUT MEDIATION
Do I have to accept the mediation offer?
No. Mediation is based entirely on a voluntary basis. Parties are not obliged to accept mediation.
Does mediation appear on a criminal record?
No. As a result of mediation, a public case is not filed or the opened case is dropped. Therefore, no conviction appears on the criminal record.
Can a case be reopened for the same incident after mediation?
No. When mediation is achieved and the agreed obligations are fulfilled, a criminal case cannot be reopened for the same act.
How long does the mediation process take?
It usually results within a few weeks. However, the period may vary according to the nature of the case, the attitudes of the parties, and the scope of the mediation meetings.
Is it mandatory to attend mediation meetings?
A mediation offer is made to the parties. If the offer is accepted, the process begins. If not accepted, the mediation process ends.
Is representation by a lawyer possible during mediation?
Yes. Parties can be represented by their lawyers during the mediation process and conduct the process by receiving legal support.
What obligations can be decided within the scope of mediation?
Parties can agree on different obligations such as a financial payment, compensation of the harm, apologizing, or fulfilling a certain behavior.
Are mediation meetings confidential?
Yes. The mediation process is confidential, and any statements made during this process cannot be used against the parties as evidence later.
Is the crime of insult subject to mediation?
The crime of insult is not subject to mediation but to prepayment (ön ödeme) in some cases, or it remains a subject of general prosecution if not within specific exceptions.
The information on this page is prepared for general awareness purposes. The mediation process may produce different legal results according to the characteristics of the concrete case. Evaluation of the mediation offer and correct management of the process are important to avoid loss of rights. Therefore, it is recommended to obtain legal support appropriate for your situation.