%0 Journal Article
%T THE EXPEDIENCY OF THE DEFERRAL OF THE ANNOUNCEMENT OF THE VERDICT AS A RESULT OF MEDIATION IN THE PROSECUTION PHASE
%J -
%D 2018
%X According to the Article 254 of the Criminal Procedure Code, in case the victim-offender mediation is finalised successfully and the determined performance is fulfilled forthright, dismissal of the case shall be rendered. Nevertheless, the law stipulates that the announcement of the verdict would be deferred, in cases where the fulfilment of the performance is delayed for a later date, is structured on an instalment plan or where the performance is continuous. If the performance is fulfilled following the deferral decision, again, the dismissal of the case will be rendered, however if it isn¡¯t performed, the verdict will be announced. If the necessity to run the procedure of mediation arises at the end of the judgment, there won¡¯t be an issue. However, the necessity to apply to mediation can also arise in the beginning of the judgment or during the judgment. In such cases, if the performance is not fulfilled, it wouldn¡¯t be appropriate to defer the announcement of the verdict given that there is not any verdict yet. Furthermore, it is unclear whether after the deferral, a probation period is to be specified or whether an obligation will be ordered for the accused or whether, in order to render the dismissal of the case, it is required to make sure that a new intentional crime has not been committed. Above-mentioned issues concern regional courts as well as the courts of first instance
%K Kovu£¿turma evresinde uzla£¿t£¿rma
%K h¨¹km¨¹n a£¿£¿klanmas£¿n£¿n geri b£¿rak£¿lmas£¿
%K muhakemenin durmas£¿
%U http://dergipark.org.tr/inuhfd/issue/33699/380000