Criminal Mediation (Uzlaştırma) in Turkey: A Guide for Foreigners

In Turkey, a criminal investigation into certain offences can end before it ever reaches a courtroom. Criminal mediation (uzlaştırma), governed by Articles 253 to 255 of the Turkish Code of Criminal Procedure (Law No. 5271, "CPC"), is an alternative resolution mechanism: where the suspect and the victim reach an agreement through a court-appointed mediator, the case is dismissed. Understanding its scope and consequences can be the key to avoiding long, draining proceedings — especially for foreign nationals who unexpectedly find themselves facing a criminal file in Turkey.

Which Offences Are Subject to Mediation?

CPC art. 253 sets out an express catalogue of offences that fall within mediation. An attempt at reconciliation must be made in the following main situations:

• Offences whose investigation and prosecution depend on a complaint by the victim.
• Regardless of whether a complaint is required, certain offences listed in the Turkish Penal Code (TPC): intentional injury (arts. 86, 88), negligent injury (art. 89), threat (art. 106/1), violation of the immunity of the home (art. 116), violation of the freedom to work (art. 117/1), theft (art. 141), abuse of trust (art. 155), fraud (art. 157), acquisition or acceptance of criminal proceeds (art. 165), and abduction of a child (art. 234).

By contrast, the law excludes certain offences. Under CPC art. 253/3, mediation is not available for offences against sexual inviolability, the offence of stalking (TPC art. 123/A), or the offence of defamation (TPC art. 125) — even where these depend on a complaint. Mediation likewise does not apply where the victim is the public (for example, offences against the State).

How Does the Mediation Process Work?

Where the offence under investigation is subject to mediation and there is sufficient suspicion to bring a public prosecution, the file is referred to the mediation office within the Chief Public Prosecutor's Office (CPC art. 253/4). The process unfolds in these steps:

1. Appointment of a mediator: The office appoints a mediator — a law-faculty graduate drawn from lists maintained by the Ministry of Justice.
2. Offer of reconciliation: The mediator makes an offer to the suspect and the victim and explains the legal consequences of accepting or rejecting it. A party who does not respond within seven days of being notified is deemed to have rejected the offer.
3. Negotiations: If accepted, the mediator invites the parties to confidential negotiations. Statements made during these negotiations cannot later be used as evidence (art. 253/20).
4. Report: The mediator, as a rule, concludes the process within thirty days and prepares a report. If reconciliation is reached, a written agreement bearing the parties' signatures and setting out the terms is drawn up.

What Happens If Reconciliation Succeeds?

A successful reconciliation effectively closes the criminal file. At the investigation stage, where the suspect immediately performs the agreed act (for example, compensating the loss or offering an apology), a decision of non-prosecution is issued (CPC art. 253/19). If performance is deferred or paid in instalments, the opening of the public case is postponed.

If reconciliation occurs after the case has reached court, then under CPC art. 254 — where the defendant immediately performs the agreed act — the court dismisses the case. In both scenarios, because no conviction arises, no entry is made on the person's criminal record. Where an offence involves multiple offenders, CPC art. 255 provides that only the person who reconciles benefits.

What If Reconciliation Fails?

If the mediation attempt is unsuccessful, the process returns to its ordinary course. The public prosecutor completes the investigation and, if suspicion is sufficient, files an indictment and opens a public case; a file already before the court simply resumes from where it left off (CPC art. 254/2). Rejecting reconciliation is not evidence against the defendant and in no way weakens the defence. By law, however, mediation cannot be attempted a second time in the same file (art. 253/18).

Why Mediation Matters for Foreigners

For foreigners living in or holidaying in Turkey, mediation carries particular importance. In offences subject to mediation — negligent injury in a traffic accident, a minor assault during a dispute, or a threat — the process can compress a proceeding that would take months into a matter of weeks. Because a successful reconciliation produces no conviction, it also leaves no criminal record that could jeopardise a residence permit, a citizenship application, or freedom of travel.

Practical points for foreign parties include:

• A qualified interpreter is essential: Sworn interpretation should be used to fully grasp the offer and the legal consequences of the negotiations.
• Absence abroad: If a party cannot be reached, the process may be concluded without mediation (art. 253/6); keeping a current address for service and a representative on file is therefore critical.
• Representation by counsel: Foreigners not present in Turkey can conduct the process through an attorney holding a power of attorney.
• Nature of the act: The agreed performance need not be a monetary payment; an apology, restoration, or refraining from conduct can also qualify.

Frequently Asked Questions

If I reject the reconciliation offer, will it be used against me? No. Rejecting the offer is your legal right and cannot be treated as evidence against you at trial. Statements made during negotiations also cannot be used in later stages.

Do I have to pay the mediator's fee? The mediator's fee forms part of the litigation costs. Where reconciliation is achieved, these costs are borne by the State Treasury; the parties do not pay out of pocket.

Can I still bring a compensation claim after reconciling? As a rule, no separate compensation claim may be brought for the reconciled offence — except for losses that could not be identified at the time of reconciliation or that emerge afterwards.

Can I take part in mediation while outside Turkey? Yes. An attorney to whom you grant a power of attorney in Turkey can represent you, and your representative may attend the negotiations. Keeping your current address and contact details on file is important.

How Mona Hukuk Can Help

Handled correctly, mediation is a powerful tool that can close a criminal file quickly, without a record, and in a way that serves both parties' interests. At Mona Hukuk, we advise Turkish and foreign clients — whether victim or suspect — on assessing a reconciliation offer, negotiation strategy, defining the agreed act, and conducting the process with interpreter support.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 for a consultation in Antalya.