What is Reconciliation?
Reconciliation is an alternative dispute resolution method regulated under Articles 253-255 of the Criminal Procedure Code, aimed at resolving disputes through a mediator bringing together the victim and the suspect or defendant in certain crimes.
Offenses Subject to Reconciliation
Offenses requiring complaint for investigation and prosecution, as well as certain ex officio investigated offenses, fall within the scope of reconciliation:
• Intentional injury (simple medical intervention)
• Negligent injury
• Threat
• Violation of residential immunity
• Violation of freedom of work
• Disturbing the peace
• Insult
• Property damage
• Theft (complaint-based)
• Fraud (complaint-based)
• Breach of trust
• Purchasing or accepting stolen goods
Reconciliation Process
The reconciliation process consists of these stages:
1. The prosecutor or court decides on reconciliation
2. A reconciliator is appointed
3. A reconciliation offer is made to the parties (accept/reject within 3 days)
4. If accepted, negotiations begin
5. The reconciliation period is 30 days (extendable by 20 days)
6. A settlement or non-settlement report is prepared
Outcomes of Settlement
If the parties reach a settlement:
• During investigation, a non-prosecution decision is issued
• During prosecution, a dismissal decision is issued
• The settlement is not recorded on the suspect's or defendant's criminal record
• No civil damages lawsuit can be filed for the settled offense
Effective Remorse and Sentence Reduction
Effective remorse occurs when a person who committed a crime repents and compensates the victim's damages or assists the investigation. In cases of effective remorse, the sentence is significantly reduced or may be completely removed.
Crimes where effective remorse applies:
• Property crimes such as theft, robbery, and fraud
• Drug offenses
• Terrorism offenses
• Organized crimes
HAGB (Deferral of Announcement of Judgment)
HAGB is the deferral of announcement of a conviction for 5 years. If no intentional crime is committed during this period, the judgment is eliminated. HAGB conditions:
• The sentenced punishment must be 2 years or less imprisonment or judicial fine
• The defendant must not have been previously convicted of an intentional crime
• The offense must not be excluded from HAGB scope
• The victim's damages must be compensated
• The defendant must consent
Conclusion
Alternative resolution methods such as reconciliation and effective remorse are important tools of the criminal justice system. Effective utilization of these mechanisms can provide significant advantages in criminal proceedings. Professional legal consultation in criminal law is vitally important for proper management of these processes.