KMH 616 - Alternative Solution Ways in the Penal and Criminal Court

A new case has been set in the CMK, in which the opening of the public case for the crimes within the scope of reconciliation has been tied to the condition that the parties can not reach an agreement or compromise. This derste is particularly intended to be addressed in the outline of the consensus institution.

In the Turkish Criminal Procedure Code, a large-scale prosecution obligation (the obligation of public action) has been adopted in order to open the public case. This principle should be investigated first if there is a crime in the first place, and if the public prosecutor finds that there is sufficient doubt, the public case should be opened. In countries that have adopted the principle of prosecution, the principle of conformity, which is seen as an exception to this principle, basically constitutes the basis for the provision which authorizes the public prosecutor not to open the public case despite the existence of sufficient doubt in certain cases and the perpetrator. Called Alternative Dispute Resolution Methods, they constitute exceptional cases of the need to prosecute disputes before they are brought before the Court or when they are solved by election or compulsory means between the parties during the proceedings. These methods have various appearances in criminal law. These are postponement of reconciliation, pre-payment, opening of public case. With these methods, the prosecutor's office is able to communicate with the prosecution authorities by bringing the disputed parties together for reaching a collective solution, as the dispute is not brought before the court, and the solution of the problems is provided.