Victim–Offender Settlement: Which Offences, and What You Are Signing

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Uzlaştırma ve Şikâyetten Vazgeçme: Sonuçları Nelerdir?.

During an investigation you are asked whether you want to settle, or the other side asks you to withdraw your complaint. Either decision is permanent.

This article explains settlement, which offences it covers, and why withdrawing a complaint cannot be undone.

What Settlement Is

Article 253 of the Code of Criminal Procedure governs settlement. It is a procedure in which the suspect or defendant and the victim or injured party reach agreement through an impartial mediator.

The offences it covers:

• Offences investigated and prosecuted only on complaint (apart from the exceptions listed in the Act)
• Regardless of whether they depend on a complaint, the offences listed individually in the Act: intentional injury (except the third paragraph), injury by negligence, threat (Art. 106/1), violation of the inviolability of the home, violation of the freedom to work, theft (Art. 141), abuse of trust, fraud (Art. 157), acquiring or accepting the proceeds of crime, abduction and detention of a child, and disclosure of trade secrets, among others.

Outside the scope: settlement is not available in offences against sexual inviolability, even where they depend on a complaint. Nor do the settlement provisions apply where an offence within the scope was committed together with one outside it.

Settlement is also unavailable in cases of domestic violence.

How the Process Runs

1. The file goes to the settlement office. The prosecutor sends it there on establishing that the offence is within the scope.
2. A mediator is appointed, from those on the register.
3. The offer is made. The mediator puts the offer of settlement to the parties and explains its consequences.
4. Time to decide. Anyone who does not give their answer within three days of the offer is treated as having refused.
5. Negotiation. If it is accepted, the mediator meets the parties and tries to bring them to agreement.
6. The report. The mediator concludes the process within thirty days of appointment; that period may be extended by up to twenty days.

The result: where settlement is reached, the outcome is a decision not to prosecute at the investigation stage, or an order discontinuing the case at the prosecution stage.

Where no settlement is reached, the investigation or prosecution continues from where it left off.

Note this: refusing an offer of settlement does not count against you. It simply means the file takes its ordinary course.

The Settlement Document: What to Check

Settlement usually happens in return for an agreed obligation: a payment of compensation, an apology, making good the loss, doing something.

Before signing, check:

• The scope of the obligation. What is to be done, when, and for how much?
• The payment timetable. In full, or by instalments?
• Your claims for damages. Does the document cover your right to bring civil proceedings? Wording such as “I waive all my pecuniary and non-pecuniary claims” will defeat a later claim.
• What happens if the obligation is not performed. Article 253/19: where settlement is reached and performance is postponed, made by instalments or continuing in nature, a decision is made deferring the decision to prosecute the suspect. Limitation does not run during the deferral.

Under the same paragraph, if the requirements of the settlement are not met after that deferral, the prosecution is brought.

That is an important protection for the victim: where payment is by instalments, the file does not close until the last instalment is paid.

The settlement document also counts as a document enforceable as a judgment, and can be put into enforcement if the obligation is not performed.

Withdrawing the Complaint

Withdrawal is a different step, and a more final one.

Article 73/4 of the Criminal Code: in offences that may be prosecuted only on complaint, unless the Act provides otherwise, withdrawal by the injured party discontinues the case, and a withdrawal after the judgment becomes final does not prevent the sentence being carried out.

The critical rule (Article 73/6): a withdrawal does not affect a defendant who does not accept it. And unless the Act provides otherwise, a withdrawal cannot be revoked.

So once you have withdrawn, you cannot later say that you are taking the withdrawal back.

Which is why, where something has been agreed in return, the withdrawal should be given after the obligation has been performed in full.

The common mistake in practice: “I will pay you — withdraw the complaint first”, and then no payment. The criminal file is discontinued and all you have left is a civil claim.

The safe route is either to take the payment up front, or to proceed through settlement — where the deferral of the decision to prosecute does the work for you.

Your Claim for Damages Is Separate

The criminal process and the right to compensation are two different things.

Withdrawing or settling does not as a rule remove your right to bring civil proceedings — unless the settlement document expressly waives those rights.

So watch for wording of this kind: “I have no remaining rights or claims in this matter”, “I waive all my pecuniary and non-pecuniary claims”.

If you want to keep your claim alive, have the words “my rights as to the balance are reserved” added to the document.

Frequently Asked Questions

Which offences can be settled?

Offences prosecuted only on complaint, and a list of others in the Act including intentional injury, threat under Article 106/1, theft, abuse of trust and fraud. Sexual offences and domestic violence are excluded.

What happens if I ignore the offer?

Anyone who does not answer within three days of the offer is treated as having refused. Refusing does not count against you; the file simply continues.

What if the other side does not perform?

Where performance is postponed or by instalments, the decision to prosecute is deferred rather than dropped, and the prosecution is brought if the settlement is not honoured. The document is also enforceable as a judgment.

Should I withdraw my complaint as part of a deal?

Only after the obligation has been performed in full. A withdrawal cannot be revoked, so withdrawing first leaves you with nothing but a civil claim if payment never comes.

Does settling end my right to damages?

No, unless the document waives it. Avoid general waiver wording and ask for a reservation of your remaining rights.