29.05.2025 15:42
The long-awaited execution regulation, which millions of people have been waiting for, has arrived at the Parliament. AK Party Group Deputy Chairman Abdullah Güler stated the details of the execution package, mentioning that it covers 19,800 inmates. Additionally, the release of sick and elderly prisoners has also been facilitated.
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The regulation on execution included in the 10th Judicial Package was submitted to the Presidency of the Grand National Assembly of Turkey (TBMM) with the signatures of AK Party deputies.
WHO WILL BE RELEASED WITH THE EXECUTION REGULATION?
The press release shared in the Assembly revealed which prisoners the long-awaited execution regulation will cover and who will be released. AK Party Group Deputy Chairman Abdullah Güler stated that the regulation covers 19,800 prisoners. Güler explained that conditional release rights have been introduced for repeat offenders.
THE RELEASE OF SICK AND ELDERLY INMATES HAS BEEN FACILITATED
The package did not include a regulation to expand the scope of Covid-19 releases. However, a regulation that facilitates the release of sick and elderly inmates was included in the package.
HOME EXECUTION IS INCREASED FROM 1 YEAR TO 3 YEARS
Güler stated that they have increased the scope of home execution from 1 year to 3 years, saying, "In cases of illness and disability, except for aggravated life imprisonment, we are introducing the possibility of spending time at home based on a report from Forensic Medicine."
Highlights from Güler's statements are as follows:
"We submitted the bill consisting of 30 articles to the Assembly. It will be referred to the Justice Commission Presidency. Tomorrow, Saturday, and in the coming days, the planning of the commission's work will be carried out by our friends shortly. Since 2002, we have implemented many regulations. We have brought this bill to life to improve the shortcomings and to ensure that the system operates effectively. We have been working for a long time with judges and prosecutors working locally, as well as representatives of our NGOs.
"THIS PROPOSAL IS A START, WE WILL CONTINUE"
This bill is a start, and we will continue. Along with ensuring justice in crime and punishment, especially in terms of prisoner rehabilitation, we want to support the strengthening of good behavior and the positive process of inmates regarding the disciplinary rules in prison and the conditions of conditional release.
AMENDMENTS TO 9 LAWS
What have we done within this scope? I would like to share the articles. We are making changes to 9 different laws in our proposal. The proposal consists of 30 articles.
We aim to strengthen social peace by preventing crime, ensuring deterrence, and more effectively combating violent crimes and actions that disrupt traffic order. We want to ensure that prisoners spend at least one-tenth of the time they must spend in prison until the conditional release date in the penal institution to benefit from one year of supervised release.
We aim to increase the effectiveness of the punishment by ensuring that prisoners spend a certain period in prison proportional to the sentence they received. We do not foresee any changes regarding one year of supervised release. We are providing the opportunity for conditional release for repeat offenders for the second time. We are increasing the scope of home execution from 1 year to 3 years. In cases of illness and disability, except for aggravated life imprisonment, we are introducing the possibility of spending time at home based on a report from Forensic Medicine."
THE LAW ARTICLES ARE AS FOLLOWS
ARTICLE 1:
By amending the additional Article 1 of the Enforcement and Bankruptcy Law No. 2004, the date to be taken as a basis for the limits of appeal and cassation is regulated as the date of filing the lawsuit or the date of the complaint instead of the judgment date. This amendment is made in accordance with the annulment of the Constitutional Court.
ARTICLE 2:
Article 125 of the Notary Law No. 1512 is being reorganized to ensure compliance with the principles of proportionality and legal certainty in determining disciplinary penalties. With the new text prepared in accordance with the annulment of the Constitutional Court, the action-penalty relationship is clarified.
ARTICLE 3:
Article 126 of the Notary Law is rewritten to clearly define the cases of misconduct and the disciplinary penalties to be applied against them. Penalties are systematically defined as warning, reprimand, monetary fine, temporary suspension from duty, and expulsion from the profession. This article is also regulated in accordance with the annulment of the Constitutional Court.
ARTICLE 4:
Article 127 of the Notary Law is completely renewed, and the conditions for imposing a higher or lower degree of disciplinary penalty and the statute of limitations are determined. It is foreseen that heavier penalties will be imposed for repeated acts of the same nature and lighter penalties for positive record situations.
ARTICLE 5:
Article 157 of the Notary Law is repealed. Since the disciplinary provisions have been reorganized in Articles 125 and 126, the applicability of this article has ceased.
ARTICLE 6:
The expression "(B) clause" in Article 159 of the Notary Law has been changed to "clause (l) of the second paragraph" in accordance with the new system.
ARTICLE 7:
By amending the Administrative Jurisdiction Procedure Law No. 2577, it is proposed that the date of the lawsuit be taken as the basis for determining the limits of appeal and cassation instead of the date of the decision. This regulation is also made in accordance with the annulment of the Constitutional Court.
ARTICLE 8:
In Article 35 of the Turkish Penal Code No. 5237, the lower and upper limits of the prison sentences to be imposed in case of attempted crime are increased. Instead of aggravated life imprisonment, a prison sentence of 14–21 years, and instead of life imprisonment, a prison sentence of 10–18 years is introduced. This regulation is proportional to the increases in penalties in other articles.
ARTICLE 9:
The basic penalty for the crime of intentional injury is increased starting from 1 year and 6 months. In cases that can be resolved with simple medical intervention and when committed against women, the lower limit is raised.
ARTICLE 10:
In crimes of aggravated injury due to the result, the penalty limits are increased; the lower limits are reorganized as 4–6 years, and in case of death, as 10–14 years or 14–18 years, depending on the degree of harm to the victim.
ARTICLE 11:
The penalties for the crime of threat are increased to strengthen deterrence. In threats against property, the lower limit of the prison sentence is increased from one month to two months, and in cases of qualified threats (with a weapon, with organized force, etc.), the upper limit of the penalty is increased to 7 years.
ARTICLE 12:
It is proposed to increase the penalties for acts that intentionally endanger general security, and in this context, to combat actions that pose a threat to public order more effectively, including those who can throw sound and gas cartridges (blank pistols), and the penalty will be aggravated if this act is carried out in places where people gather.
ARTICLE 13:
With the amendment made in Article 179 of Law No. 5237, the penalty for the crime of endangering traffic safety is increased. In particular, penalties for those driving under the influence of alcohol or drugs have been aggravated, aiming to increase deterrence.
ARTICLE 14:
With the amendment made in Article 223 of Law No. 5237, acts of blocking roads and obstructing the movement of vehicles will be punished more effectively.
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By removing the elements of the crime of coercion and threat, any act of unlawful road blocking, vehicle stopping, kidnapping, or detention will be considered a crime under this article. If another crime is committed while the crime is being committed, the perpetrator will be punished separately for both crimes.
ARTICLE 15:
With the amendment to Article 250 of the Code of Criminal Procedure No. 5271, the act of intentionally endangering public safety in public areas is excluded from the scope of summary trial procedures, and it is stated that more serious and deterrent interventions will be made for these qualified acts.
ARTICLE 16:
With the amendment to Article 11 of the Law on the Execution of Sentences No. 5275, it is foreseen that the sentences of juvenile offenders will first be executed in closed juvenile detention centers, and then they will be sent to juvenile education institutions, providing an appropriate transition process for children during the execution process.
ARTICLE 17:
With the regulation made in Article 15 of Law No. 5275, the sentences of juvenile offenders will begin in closed juvenile detention centers, and their transition to juvenile education institutions will be ensured based on the good behavior assessment. Children who receive a sentence of 3 years for intentional crimes or 5 years or less for negligent crimes will be able to stay directly in educational institutions. Some juvenile detainees who meet the appropriate conditions may also be accommodated in educational institutions, but those posing a security risk will be excluded.
ARTICLE 18:
With the amendment to Article 105/A of the Law on the Execution of Sentences and Security Measures No. 5275, it has become mandatory for convicts wishing to benefit from probation to spend at least one-tenth of the period until the conditional release date in a penal institution, and it has been stipulated that this period cannot be less than five days. With this regulation, it is aimed to increase the deterrent effect of the sentence and the effectiveness of the execution by ensuring that convicts stay in prison for a certain period.
ARTICLE 19:
With the amendment to Article 108 of Law No. 5275, convicts who are subject to recidivism provisions for the second time are granted the opportunity for conditional release. The conditional release rate for fixed-term prison sentences will be applied as three-quarters. The convict's ability to benefit from release is dependent on the good behavior assessment to be made according to Article 89. In this assessment, the convict's compliance with the rules, level of fulfilling obligations, participation in education and rehabilitation programs, and social behaviors will be taken into account.
ARTICLE 20:
With the amendment to Article 110 of Law No. 5275, the execution limit for crimes committed intentionally at night and on weekends has been set at 3 years for intentional crimes and 5 years for negligent crimes. Weekend executions may also be applied during the week if deemed appropriate by the prison. In addition, the scope of execution at home has been expanded, and it has been made possible for convicts subject to special execution procedures to benefit from probation. The regulation has been developed especially in favor of women and children.
ARTICLE 21:
With the amendment to the eighth paragraph of the temporary Article 10 of Law No. 5275, compliance is provided with the amendment to Article 108, which grants conditional release opportunities to convicts subject to recidivism provisions for the second time.
ARTICLE 22:
With the temporary article added to Law No. 5275, it is regulated that the amendment made in Article 105/A, which stipulates the condition of staying in prison for at least one-tenth of the time to benefit from probation, will not apply to crimes committed before the entry into force of this article.
ARTICLE 23:
With the amendment to Article 2 of Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through These Publications, the definition of "removal of content" has been updated in accordance with the decision of the Constitutional Court, and it is now foreseen to be defined as the removal of content from the internet.
Additionally, the definition of "warning method" has been clarified, allowing for direct notification to the content or service provider by the BTK or relevant persons in cases where the violation is understood at first glance.
ARTICLE 24:
With the amendment to Article 8 of Law No. 5651, the concept of "removal of content" has been redefined in accordance with the annulment decision of the Constitutional Court, and it has been regulated as the removal of content from the internet.
Furthermore, changes are being made in the fourth, ninth, and eleventh paragraphs of the article, taking into account the relevant justifications in the annulment decision.
ARTICLE 25:
Article 9 of Law No. 5651, which was annulled by the Constitutional Court, is being reorganized in accordance with the annulment decision. The possibility of applying to the peace criminal court with the allegation of violation of personal rights is granted; in cases where the violation is understood at first glance, it is accepted that a decision can be made within 24 hours for the removal of content and/or blocking access. The right to appeal against the decisions is kept open, and it is made possible for the judge or authority to hear the parties.
ARTICLE 26:
With the amendment to Article 27 of Law No. 5718 on Private International Law and Procedural Law, compliance is provided with the annulment decision of the Constitutional Court. With the regulation, even if a choice of law has been made in the employment contract, it is allowed for the law that is more closely related to the contract to be applied at the discretion of the judge. However, in matters such as working hours, holidays, and leave that must be applied during the performance of the work, the law of the place where the work is performed will be valid.
ARTICLE 27:
With the amendment to Article 28 of the Law on Judges and Prosecutors No. 6087, it is regulated that those elected from the Court of Cassation and the Council of State to the Board will not have the time spent in the Board counted towards their term when they return to the high court. Additionally, it is stipulated that members of the Board whose term has expired and who come from the judiciary will be appointed to the Court of Cassation, and those coming from administrative jurisdiction will be appointed to the Council of State without requiring a vacant position, and if there is no vacant position, they will be prioritized for placement in the first vacant position. The aim is to provide a status security appropriate to the importance of the Board membership duty.
ARTICLE 28:
Article 1 of the Law on Civil Procedure No. 6100 is being reorganized in accordance with the annulment decision of the Constitutional Court. With the amendment made, in determining the monetary limits for appeals to the courts of appeal and cassation and for holding hearings in cassation review, the date of filing the case will be taken as the basis instead of the date the judgment was rendered. In cases of increase in amount by rectification, the date of filing will also be taken into account.
ARTICLE 29:
This is a provision on the entry into force.
ARTICLE 30:
This is an executive provision.