CONCILIATION IN OTTOMAN CRIMINAL PROCEDURE LAW

In Islamic law there are 6 types of crimes sanctioned by nass. There must be a kısas request for the kısas penalty for intentional manslaughter and wounding offenses. Before or after this request (until the execution is completed), if the compromise and shortage is waived, the penalty is reduced. Crimes of theft and kazif which are commited against both public and persons but in which the individual rights are dominant, depends on complaint. In this crimes comprimise / call of complaints is possible until the verdict is decided and this may reduce the original punishment. Prosecution is carried out on offenses like adultery and hirabe and in this crimes comprimise is not effectable to the main punishment. In tazir crimes state-oriented ridde and bagy and public health-oriented şürb crimes there is public prosecution and no think of comprimise. Crimes commited against persons like miscarriage, negligent killing and hurting the prosecution depends on complaint and comprimise may reduce the punishment. Ottoman criminal procedure is connected to the principles of the Islamic Law thus in the crimes which comprimise is doable the disagrement have resulted with comprimise.