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Victim–offender mediation

An agreement between the suspect and the victim reached through a mediator. If a settlement is reached, no prosecution is filed or the case is dismissed.

Mediation (uzlaştırma) is an attempt, for certain offences, to reach an agreement between the suspect and the victim or the person harmed by the offence through a mediator. At the investigation stage the file is sent to the mediation office; if it becomes clear after the public prosecution has been filed that the offence is eligible for mediation, the prosecution file is also sent to the office.

Eligible offences (CMK 253/1)

  • Offences whose investigation and prosecution depend on a complaint.
  • Regardless of whether a complaint is required, mainly the following offences under the Penal Code:
    • intentional injury (except under Article 86(3)) and negligent injury,
    • threat (Article 106(1)),
    • violation of the inviolability of the home,
    • theft (TCK 141),
    • breach of trust (except under the third paragraph),
    • fraud (TCK 157),
    • purchasing or accepting property obtained through crime,
    • abduction and retention of a child.

Excluded offences

  • Even where a complaint is required, mediation is not available for offences against sexual integrity, stalking or insult (CMK 253/3).
  • If an offence eligible for mediation is committed against the same victim together with an offence that is not eligible, the mediation provisions do not apply. Under an exception added by Law No. 7571 in 2025, if one of the offences is subject to prepayment, the mediation provisions apply to the eligible offence.

Procedure

  • The mediator makes a proposal to the parties. A party that does not respond to the proposal within 7 days is deemed to have rejected it.
  • If there is more than one victim, all of them must accept for a settlement.
  • A mediation proposal does not prevent the collection of evidence or protective measures.

Consequences (CMK 254)

  • If a settlement is reached and the defendant performs their obligation at once, the case is dismissed.
  • If performance is deferred to a later date, made in instalments or continuous, the proceedings are stayed, and the limitation period does not run during this time. If the obligation is not performed, the proceedings continue.