Last updated: 19 July 2026
What Is Reconciliation in Criminal Proceedings?
Reconciliation in Turkish criminal procedure is a restorative-justice process used for offences included in Article 253 of the Code of Criminal Procedure. An appointed criminal conciliator brings the suspect or accused together with the victim or injured party to explore a voluntary agreement. It is different from civil mediation and operates within the criminal investigation or prosecution file.
People consulting an Antalya lawyer or a Serik lawyer should examine both the criminal consequences and any connected compensation rights before accepting a proposal. A reconciliation agreement may affect the criminal case and later civil claims arising from the same offence.
Which Offences Are Within the Reconciliation Scope?
The scope is determined by the current wording of Article 253 and any special statute. It includes complaint-dependent offences unless the law excludes them, and specified offences expressly listed in the Code, including certain forms of intentional or negligent injury, threat, violation of domicile, interference with freedom of work, theft, breach of trust, fraud and other listed offences.
Complaint dependency alone is not sufficient. Offences against sexual inviolability, stalking and defamation are excluded from reconciliation under the current Code even where complaint rules may apply. When several offences are alleged against the same victim, the relationship between offences within and outside the reconciliation scope must also be reviewed.
When Is the File Sent to the Reconciliation Bureau?
During the investigation stage, if the public prosecutor determines that the alleged offence is subject to reconciliation and that sufficient suspicion exists to bring a public prosecution, the file is sent to the reconciliation bureau. The bureau appoints a registered conciliator and provides the documents authorised by the prosecutor.
Reconciliation may also arise after an indictment where the court determines that the offence should be processed through reconciliation. The file is then handled under the procedure applicable to the prosecution stage.
Who Makes the Reconciliation Offer?
The appointed conciliator makes the formal offer to the suspect and the victim or injured party. If a party is a minor, the offer is made to the legal representative. The conciliator explains the nature of reconciliation and the legal consequences of accepting or rejecting it.
Under the current Code, a person who does not communicate a decision within seven days after receiving the reconciliation offer is deemed to have rejected it. The date and method of the offer should therefore be recorded carefully.
Reconciliation Process Overview
| Stage | Main action | Important point |
|---|---|---|
| Scope review | Prosecutor or court determines whether the offence is eligible | The exact offence, paragraph and combination with other offences matter. |
| Bureau referral | File is sent to the reconciliation bureau | A registered conciliator is appointed. |
| Formal offer | Legal consequences are explained to both sides | No response within seven days is treated as rejection. |
| Negotiation | Joint or separate discussions are held | Participation and settlement remain voluntary. |
| Report | Agreement or non-agreement is recorded | The prosecutor or court reviews legality and free will. |
| Performance and result | Agreed obligation is performed immediately or under a schedule | The procedural result depends on the stage and form of performance. |
How Long Does the Conciliator Have?
The conciliator should complete the process within thirty days after receiving copies of the authorised file documents. The reconciliation bureau may extend this period no more than twice, with each extension not exceeding twenty days. These are official case-management periods and should not be confused with the seven-day period for answering the offer.
Who May Participate?
The suspect or accused, victim or injured party, legal representatives, defence counsel and victim’s lawyer may participate according to the Code and Regulation. The parties themselves or their legal representatives must engage with the formal offer. A lawyer can explain the criminal and civil consequences and assist in drafting the agreed obligation.
An interpreter should be used where a party cannot understand Turkish sufficiently. Identity, authority and free will must be verified.
What Obligations Can Be Agreed?
The agreement may include payment of material loss, compensation, return or repair of property, an apology, donation, performance for a public-benefit purpose or another lawful obligation accepted by both sides. The obligation may be immediate, deferred, paid in instalments or continuous, provided that it is clear and legally enforceable.
The amount, recipient, bank account, date, instalments, proof of performance and consequences of non-performance should be written precisely. A vague promise may create further disagreement.
Does Accepting the Offer Mean Admitting the Offence?
No. Accepting the reconciliation offer means agreeing to participate in negotiations. It is not, by itself, an admission of guilt, a confession or a waiver of the right to defence. Likewise, the victim’s acceptance of the offer is not automatically the same as withdrawing the complaint.
The parties remain free not to settle after discussions. Evidence collection and protective measures may continue while the process is pending.
What Happens If Reconciliation Is Reached?
The conciliator prepares a report recording the agreement and sends it to the bureau. The prosecutor or court checks whether the agreement was based on free will and whether the obligation is lawful. The result depends on whether the file is at the investigation or prosecution stage and whether performance is immediate or deferred.
Immediate and complete performance may lead to a decision not to prosecute during investigation or dismissal during prosecution, subject to the statutory conditions. Deferred, instalment or continuous performance may produce a postponement mechanism until the obligation is completed. The exact procedural decision should be read in the prosecutor’s or court’s record.
What If the Agreed Obligation Is Not Performed?
Non-performance may lead to continuation of the criminal process under the relevant statutory mechanism. In addition, a reconciliation report containing an obligation may qualify as an enforceable instrument under the Enforcement and Bankruptcy Law. The wording and proof of performance are therefore important.
Effect on Civil Compensation Claims
Where reconciliation is achieved, a civil claim for material or non-material damages arising from the offence generally cannot be filed, and an existing case may be treated as waived, except for damage that could not be identified at the time or arose later under the statutory rule. A victim should assess the full extent of loss before signing.
Are Reconciliation Statements Used as Evidence?
Statements, explanations and documents prepared solely for reconciliation cannot be used as evidence in later investigation or prosecution merely because they were produced in the process. This protection encourages open negotiation. Evidence that existed independently remains subject to the ordinary evidential rules.
Do the Parties Pay the Conciliator?
The conciliator is appointed through the official system and remuneration is determined under the annual Conciliator Minimum Fee Tariff. The parties do not privately hire the conciliator in the same manner as a commercial service provider. Official expenses and their treatment follow criminal-procedure rules.
Reconciliation and Civil Mediation Are Different
Civil mediation concerns private-law disputes and is governed by the Mediation in Civil Disputes Act. Criminal reconciliation concerns offences within the Code of Criminal Procedure and is managed through the prosecutor’s reconciliation bureau or the court. The decision-maker, legal consequences, scope and documents are different.
Frequently Asked Questions
Does accepting a reconciliation offer mean accepting guilt?
No. It means agreeing to explore settlement and is not, by itself, a confession or waiver of defence rights.
Does the victim withdraw the complaint by accepting the offer?
No. Acceptance of the offer begins negotiations. The legal consequence arises from a valid final agreement and the statutory decision.
How long is the response period for the offer?
The current Code provides seven days. Failure to communicate a decision within that period is treated as rejection.
Can a lawyer participate?
Yes. Defence counsel or the victim’s lawyer may participate and explain the criminal, compensation and enforcement consequences.
What happens if the agreed payment is not made?
The criminal-procedure consequence depends on the stage and form of the agreement, and the obligation may also be enforceable under enforcement law.
Can statements from the negotiations be used at trial?
Statements and materials prepared solely for reconciliation are protected and cannot be used as evidence merely because they arose in that process.
Is every complaint-dependent offence eligible?
No. The current Code expressly excludes certain categories, including sexual offences, stalking and defamation. The exact offence and paragraph must be checked.
Assessing Criminal and Civil Consequences Together
Criminal reconciliation should be evaluated through the offence’s scope, the seven-day offer period, the agreed obligation and the effect on compensation claims. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can review the criminal file and proposed terms for the individual matter. For assistance, contact us.
This article provides general information about reconciliation under Turkish criminal procedure. The scope of eligible offences may change and must be checked against the current offence, paragraph and file stage.
