What is Mediation?
Mediation is implemented as a new alternative dispute resolution method in criminal law. However, due to a lack of sufficient public awareness, there is a risk of abuse by fraudsters. These individuals may attempt to deceive victims by imitating the mediation process. Therefore, raising awareness and providing information about the mediation process is of utmost importance. In a genuine mediation process, all procedures are conducted in accordance with legal requirements, and the parties are officially informed through formal channels. Parties should only communicate with judicial authorities and authorized mediators and should not trust requests outside this framework.
Mediation aims to facilitate an agreement between the suspect or accused and the victim, the injured party, or their legal representative through a neutral mediator appointed by the public prosecutor. This process is initiated during the investigation or prosecution phase and allows disputes to be resolved without resorting to court proceedings. Mediation is considered an effective method of resolution that saves both time and costs.
However, there is a risk of this process being misused. Fraudsters, in particular, exploit the mediation method to deceive victims. They send fake text messages claiming that a criminal case file exists and that a payment is required to settle the matter through mediation. Such messages are entirely fraudulent and lack any legal basis.
How Does the Mediation Process Work During the Prosecution Phase?
The mediation process is carried out by mediators registered with the Directorate of Alternative Solutions. Mediators operate under the supervision of the Office of the Chief Public Prosecutor, and the process follows specific steps during the investigation phase. In the initial step, for crimes subject to mediation, the case file is referred to the mediation prosecution office before an indictment is prepared. The mediation prosecutor assigns a suitable mediator to the case, and this assignment is communicated to the parties via the UYAP system as a message, provided that their Turkish ID numbers are registered with their mobile numbers.
The mediator does not send direct messages to the parties regarding fees. Instead, they may contact the parties by phone or send official notifications through PTT (Turkish Post). These notifications are sent via the prosecutor’s office, ensuring the process remains formal. If the parties accept the mediation offer, negotiations begin regarding the performance (the action or payment to be made). If the victim requests specific performance, the mediator conveys this request to the other party. If the other party agrees, a mediation report is prepared.
The mediation report clearly specifies the identities of the parties, the subject and amount of the performance, and details of how and under what conditions it will be fulfilled. For instance, if the performance involves payment, the report includes details such as the account to which the payment should be made and the deadline. After the parties sign the report, it is submitted to the prosecutor for approval. Once approved, the performance must be fulfilled by the date specified in the report. This process ensures a peaceful resolution between the parties and supports the functioning of the legal system.
How Does the Mediation Process Work During the Prosecution Phase?
In the trial phase, the mediation process operates in the same manner as during the investigation phase. At this stage, case files eligible for mediation are referred to the mediation prosecution office by the court. The process follows the same steps: a mediator is appointed by the mediation prosecutor, and the mediator formally notifies the parties through official channels.
If the parties accept the mediation offer, negotiations begin regarding the performance (the action or payment to be made). Once an agreement is reached, a mediation report is prepared. This report is submitted to the court for approval, completing the legal process.
Are Crimes Recorded in the Criminal Record for Cases Resolved Through Mediation?
In cases resolved through mediation during the investigation phase, no criminal case is filed against the offender, and no negative record is entered into their criminal record. Mediation prevents criminal proceedings if the parties reach an agreement, ensuring the offender’s criminal record remains clean. This process offers a quick and constructive solution for both the offender and the victim, reducing the judicial burden and contributing to the effective administration of justice. If mediation is successfully concluded, the offender is protected from the legal consequences of a trial, and their criminal record remains unaffected.
Similarly, successful mediation during the prosecution phase results in the termination of the trial, and no negative record is entered into the offender’s criminal record. This allows the offender to avoid legal repercussions while enabling justice to be achieved through mutual agreement between the parties. Mediation serves as a significant alternative dispute resolution method in criminal law processes, providing an effective means for fostering peaceful agreements between the parties.
How Do Fraudsters Exploit the Mediation Process? Does the Mediator Request Money from the Parties?
The mediation process can be misused by fraudsters, who attempt to deceive victims through fake mediation messages. However, it is possible to distinguish fake mediation messages. A legitimate mediator does not promise that the case will be resolved and closed immediately upon payment of a certain fee by the parties. In the mediation process, the parties’ signatures are of critical importance. To sign the relevant documents, the parties must either meet with the mediator in person or go to the courthouse to sign through a clerk at the mediation prosecutor’s office. Any payment request or message outside of these official procedures may be fraudulent and should be disregarded. It is important to remember that the mediation process must be conducted within the legal framework and through official channels.
Validity of Ministry of Justice Messages and Warnings Against Fake Mediation Messages:
Example of a Genuine Mediation Message Sent by UYAP SMS:
“A mediation process has been assigned for the case number 2024/1111, which is being conducted by the Antalya Chief Public Prosecutor’s Office, and in which you are a party. Mediator number 1111 has been appointed by the Antalya Chief Public Prosecutor’s Office Mediation Bureau to carry out the mediation proceedings.
The mediator will contact you as soon as possible.
Mediator Information:
Full Name:
Contact:
You can find the mediator’s information on the website www.alternatifcozumler.adalet.gov.tr.
For information: Antalya Chief Public Prosecutor’s Office Mediation Bureau Contact: …. office number.”
Examples of Fake Mediation Messages:
“Legal Action
Dear member: Since the cancellation of your application through the number you used has not been processed, the file will incur a fee of 12,000 TL, including court costs, and a prison sentence of 2 to 4 years will be imposed by the Criminal Court of First Instance. Note: If you make the payment of 600 TL, your file will be closed. Information: Your file is currently under the scope of the Misdemeanors Law.”
“Dear; ……..
Today is the last day for your criminal case. Contact us to avoid being a victim. ………… Law Office.”
“Please provide your statement as the defendant for your case with the Criminal Court of Serious Crimes, case number 2024/1111, through e-statement: www………..com”
As seen in the examples above, official messages from the Ministry of Justice never request any payment. Official mediation messages only contain information about the mediation process and do not include payment demands. The file number mentioned in the message will be a valid file that can be verified for accuracy when checked through the Mediation Office at the courthouse. Following the official procedure, the mediator will contact you from the specified number or send a notification to the parties.
In fake mediation messages, there is no official information, and you are generally expected to respond. The file number in these messages will not appear as a valid file when checked. Fraudsters may promise that the case will be closed upon payment of a certain fee when you call them, but they will continue to demand money, claiming that the case is still open. Caution should be exercised against such fraudulent attempts, and information obtained only through official channels should be trusted.
What to Do When Faced with Fake Mediation Messages?
To prevent such fraudulent attempts and ensure caution, it is advised not to proceed with any application if you receive a similar message without consulting a lawyer, especially a criminal lawyer. A specialized criminal lawyer’s guidance will help verify the authenticity of the message, prevent any loss of rights, and ensure the legal process is carried out correctly. Seeking legal support not only protects legal rights but also helps in effectively countering fraudsters’ attempts.
Lawyer Duygu Okunakol
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