Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender Mediation

In recent years, the application and scope of mediation in criminal procedures expanded with the tendency to extensificate alternative dispute resolution methods. Given the current situation, the criminal responsibility of the mediator should be discussed and determined in light of their obligations...

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Main Authors: Fahri Gökçen Taner, Yaprak Öntan
Format: Article
Language:deu
Published: Istanbul University Press 2021-07-01
Series:Ceza Hukuku ve Kriminoloji Dergisi
Subjects:
Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/112DB6B62B7E4C98A29C9DBB3ED890A0
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author Fahri Gökçen Taner
Yaprak Öntan
author_facet Fahri Gökçen Taner
Yaprak Öntan
author_sort Fahri Gökçen Taner
collection DOAJ
description In recent years, the application and scope of mediation in criminal procedures expanded with the tendency to extensificate alternative dispute resolution methods. Given the current situation, the criminal responsibility of the mediator should be discussed and determined in light of their obligations. The mediator is a public official performing a duty from the moment of their appointment to the moment they submit their report. Therefore, perpetrators may receive more severe punishment for certain crimes committed because of the mediator duty. However, the mediator’s public official role may also lead to criminal liability for some special offenses2 and heavier penalties in terms of others. This article evaluates the circumstances for which the mediator can be held responsible due to their official capacity.
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series Ceza Hukuku ve Kriminoloji Dergisi
spelling doaj-art-8f9f1c5fc90b4fc09e58fc9eb10eee812025-08-20T01:47:36ZdeuIstanbul University PressCeza Hukuku ve Kriminoloji Dergisi2602-39112021-07-019115919610.26650/JPLC2021-895266123456Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender MediationFahri Gökçen Taner0https://orcid.org/0000-0002-9182-2549Yaprak Öntan1https://orcid.org/0000-0003-4665-6737Ankara Üniversitesi, Ankara, TürkiyeAnkara Üniversitesi, Ankara, TürkiyeIn recent years, the application and scope of mediation in criminal procedures expanded with the tendency to extensificate alternative dispute resolution methods. Given the current situation, the criminal responsibility of the mediator should be discussed and determined in light of their obligations. The mediator is a public official performing a duty from the moment of their appointment to the moment they submit their report. Therefore, perpetrators may receive more severe punishment for certain crimes committed because of the mediator duty. However, the mediator’s public official role may also lead to criminal liability for some special offenses2 and heavier penalties in terms of others. This article evaluates the circumstances for which the mediator can be held responsible due to their official capacity.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/112DB6B62B7E4C98A29C9DBB3ED890A0mediatorcriminal liability of the mediatorpublic officer
spellingShingle Fahri Gökçen Taner
Yaprak Öntan
Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender Mediation
Ceza Hukuku ve Kriminoloji Dergisi
mediator
criminal liability of the mediator
public officer
title Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender Mediation
title_full Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender Mediation
title_fullStr Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender Mediation
title_full_unstemmed Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender Mediation
title_short Mediator’s Criminal Responsibility for Special Offences in Terms of Victim-Offender Mediation
title_sort mediator s criminal responsibility for special offences in terms of victim offender mediation
topic mediator
criminal liability of the mediator
public officer
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/112DB6B62B7E4C98A29C9DBB3ED890A0
work_keys_str_mv AT fahrigokcentaner mediatorscriminalresponsibilityforspecialoffencesintermsofvictimoffendermediation
AT yaprakontan mediatorscriminalresponsibilityforspecialoffencesintermsofvictimoffendermediation