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GENERAL GROUNDS

In recent years, the legislators of many countries are occupied with the resolution of disputes with alternative dispute resolution methods. Instead of the resolution of the disputes by means of law suits, resolution of the disputes with reconciliation of the parties with their own wills is preferred with respect to the preservation of social peace. The comprehensive and efficient functioning of such methods will contribute to the attenuation of the workloads of the courts.

Kurum: Adalet Bakanlığı, Kabul Tarihi: 26.01.2013, RGT: 26.01.2013, RG NO: 28540

BİRİNCİ KISIM: Genel Hükümler

BİRİNCİ BÖLÜM: Amaç, Kapsam, Dayanak ve Tanımlar

ABSTRACT

There have not been consensual models of conflict resolution in Turkish Criminal Law until the new Criminal Procedure Code. The penal mediation, which is an alternative way of conflict resolution in the field of criminal law, has been included into Turkish criminal practices with Turkish Criminal Procedure Code No. 5271.  It was not included in the Turkish Criminal Code No. 765 and Criminal Procedure Code No. 1412.  Penal mediation is a brand new process in terms of Turkish criminal law, and the aim of it is to eliminate the injury arising from crime.

§ 1. ACCESS TO JUSTICE AND NECESSITY OF ADR IN TURKISH LAW

A right of access to judicial protection meant essentially the aggrieved individual’s formal right to litigate or defend a claim. Access to justice is defined as to be able to easily access to justice by all segments of society and to provide them all kinds of means by state in order to seek right to judicial remedy by individuals and to inform effectively about the existence of these rights. Lack of efficiency in these facilities concerning access to justice may jeopardise public confidence to the judicial mechanism and therefore the state system[1].