Official Gazette dated 31 December 2023
Number: 32416
From the Ministry of Justice:
Aim
ARTICLE 1 – (1) The purpose of this Tariff is to determine the amount to be paid to the mediators appointed upon the request of the investigation and prosecution authorities in accordance with the Criminal Procedure Law No. 5271 dated 4/12/2004 and the procedures and principles regarding its payment.
Scope
ARTICLE 2– (1) This Tariff covers the amount to be paid to mediators in accordance with the provisions of the Code of Criminal Procedure.
Rest
ARTICLE 3 – (1) This Tariff has been prepared based on the provisions of Article 253 of the Criminal Procedure Code No. 5271 dated 4/12/2004 and Article 41 of the Presidential Decree No. 1 on the Presidential Organization.
Limits of the conciliation fee
ARTICLE 4– (1) The conciliation fee is determined by taking into account the mediator’s ability to evaluate the obvious differences between the suspect or the accused and the victim or the injured party, such as age, education, social and economic status, and to reconcile the parties, the effort shown in the process, the number of parties, the scope and nature of the dispute. It is determined between the lower and upper limits shown in the tariff.
(2) In cases where more than one conciliator is appointed, the conciliation fee is paid to these persons separately and equally.
Payment of conciliation fee
ARTICLE 5 – (1) The fee determined for the appointed conciliator is paid by the public prosecutor responsible for the conciliation with a spending decision within a reasonable time after the delivery of the offer form and its annexes in case the conciliation results negatively at the offer stage, and in case the offer is accepted, after the presentation of the report to be prepared at the end of the conciliation process.
Conciliator expenses
ARTICLE 6 – (1) In accordance with the provisions of the Travel Allowance Law No. 6245 dated 10/2/1954, the expenses, including the compulsory travel expenses incurred according to the usual vehicle, are less than the amount determined in subparagraph (1) of subparagraph (b) of the first paragraph of Article 8. It is paid separately to the mediator, not exceeding the limit.
Tariff to be applied
ARTICLE 7 – (1) In determining the conciliation fee, the Tariff in effect on the date of completion of the conciliation report is taken as basis.
Recipe
ARTICLE 8 – (1) Conciliator fees to be paid according to this Tariff are shown below:
a) In case the conciliation process has a negative outcome at the proposal stage; 590-885 TL,
b) In case the conciliation process is concluded positively;
1) 1.775-2.375 TL in case of reconciliation between 2-3 people,
2) 2.375-2.965 TL in case of reconciliation of 4-6 people,
3) 2.965-3.560 TL in case of reconciliation of 7-9 people,
4) 3.560-4.155 TL in case of conciliation of 10 or more people,
c) In case of negative outcome of the conciliation process;
1) 885-1.180 TL if 2-3 people are parties,
2) 1.180-1.480 TL if 4-6 people are parties,
3) 1.480-1.775 TL if 7-9 people are parties,
4) 1.775-2.070 TL if 10 or more people are parties,
Fee is paid between .
Force
ARTICLE 9 – (1) This Tariff shall enter into force on the date of its publication.