Abstract:

The restorative justice constitutes one of new approaches and developments in the criminal justice system. The Turkish legal system has also been affected from the stated develepment. Just as, provisions concerning the reconciliation regulated in the Art 73/8 of the Turkish Criminal Code (subsequently annulled) and Art. 253-255 of the Criminal Procedure Code can bee seen as an effect of restorative justice. In this context, this article examines the principle of not affecting in the reconciliation, stated in the Art. 255 of Turkish Criminal Procedure Code. When examining together with other provisions concerning the reconciliation, this provision gives the victim, in an indirect way, the authority to choose the person in trial. From this point of view, provisions concerning the reconciliation have to be re-examined.

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