04 Mar WHAT IS A COMPROMISE IN CRIMINAL PROCEDURE? HOW IS IT PERFORMED ?
What is a Compromise?
A compromise is the termination of criminal proceedings as a result of the agreement of the victim of the crime with the suspect of the crime.Settlement procedure does not mean giving up the complaint. However, if the complaint is dismissed before the settlement, the settlement cannot be used. For him, instead of the phrase ”I’m Not Complaining, I Want to Compromise”, if he’s still complaining and but you want to compromise, it should be said ”I’m Complaining, But I Want to Compromise”.
On the other hand, reconciliation is possible only in investigations and prosecutions related to crimes specified in the law. These crimes:
• Crimes that are subject to investigation and prosecution of the complaint (except for crimes of sexual assault and crimes with effective provisions of remorse)
• Offense of intentional wounding (except for the third paragraph, article 86 of the TCC; article 88),
* Injuring by tax (Article 89 of the Turkish Commercial Code),
* Violation of the inviolability of housing (Article 116 of the TCK),
* Abduction and detention of a child (Article 234 of the TCK),
* Disclosure of information or documents that are trade secrets, banking secrets or customer secrets (except for the fourth paragraph, Article 239 of the Turkish Commercial Code).
The Settlement Negotiation Is;
* Law enforcement officers, the Public prosecutor or the judge tell the parties in detail what reconciliation means and its consequences.
• The parties are asked if they want a compromise.
• The parties inform within 3 days whether they want to compromise or not.
• A conciliator is appointed if both parties declare that they want to compromise.
• The parties to the settlement again make the decision about themselves by agreeing in front of the conciliator.
• The reconciliation process is completed when the criminal suspect does the jointly agreed upon thing, and the criminal trial is over.
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