05.12.2025 06:15
The 11th Judicial Package was accepted in the Justice Commission with partial amendments. While the scope of eviction in Article 27 regarding the COVID-19 regulation has been narrowed, perpetrators of crimes such as terrorism, intentional killing of women and children, sexual assault, and child abuse will not be released. On the other hand, the regulation foresees up to 30 years of imprisonment for gang and organization leaders who exploit children.
The Turkish Penal Code and the Proposal for Amendments to Certain Laws, known to the public as the 11th Judicial Package, was accepted in the TBMM Justice Commission with partial amendments.
THE SCOPE OF RELEASE HAS BEEN NARROWED
With the proposal from AK Party members, the scope of release in Article 27 regarding the Covid regulation has been narrowed. Accordingly, those convicted of terrorism, intentional murder against women and children, sexual assault, and child abuse will not be released.
55 THOUSAND RELEASES WERE EXPECTED, THE NUMBER WILL DECREASE WITH THE AMENDMENT
Article 27 allows those who committed crimes before July 31, 2023, to benefit from supervised release 3 years earlier and to transition to an open prison 3 years earlier. With the regulation excluding those imprisoned for terrorism and organized crime, the initial expectation was the release of 55 thousand prisoners. This number will decrease with the new regulation. The proposal also amends the Enforcement and Bankruptcy Law. If those who fail to fulfill the obligation to pay the proportional fee and collateral request the annulment of the auction, the court will reject the request for annulment definitively and based on the file.
If the request for annulment of the auction is made due to the non-payment or insufficient payment of the collateral or fee, the court will notify in the notice it will send that the collateral or fee must be completed within a definitive period of two weeks, otherwise, the request for annulment of the auction will be definitively rejected based on the file. If the collateral or fee is not completed within the period, the court will immediately reject the request for annulment of the auction. According to the regulation made in line with the Constitutional Court's annulment decision, all donations and gratuitous transactions made within 1 year prior to the date when the temporary or definitive insolvency certificate or the seizure report of the nature of the insolvency certificate is issued or bankruptcy is declared, except for customary gifts, are subject to annulment.
Transactions made between direct descendants and ancestors, relatives up to the third degree, spouses even if the marriage union has ended within the last year, and relatives by marriage up to the third degree will be considered donations unless proven to be in accordance with the real value. Unless proven otherwise, contracts in which the debtor accepted a price significantly lower than the real value of what they provided at the time the contract was made, as well as contracts in which the debtor established a lifelong income contract or usufruct right for themselves or a third party, or contracts for care until death, will be considered donations unless proven to provide an appropriate countervalue. In the application of the monetary limits in the provisions titled "Appeal and Examination" and "Appeal and Examination" of the same Law, the amount on the date the complaint application is made or the lawsuit is filed will be taken as the basis.
DISCIPLINARY PENALTIES FOR LAWYERS
The proposal amends the Law on the Legal Profession. Accordingly, if a decision is made to open a final investigation against lawyers for crimes committed during their duties in the legal profession or in the organs of the Turkish Bar Association or bars, this situation and the final decisions given during the trial stages will be reported to the bar where the lawyer is registered. Lawyers will be subject to one of the disciplinary penalties specified in the Law on the Legal Profession based on the nature of the violation and the severity of the act if their actions do not comply with the respect and trust required by the honor and title of the legal profession or the obligations of care and accuracy.
The proposal reorganizes the disciplinary penalties to be imposed on lawyers in line with the Constitutional Court's decision. The disciplinary penalties applicable to lawyers are defined as "warning," "reprimand," "monetary fine," "dismissal," and "disbarment." The circumstances under which which penalties will be imposed are listed. If a lawyer who has been given any disciplinary penalty commits a new act requiring a disciplinary penalty within 5 years from the date the penalty becomes final, the heavier penalty prescribed for that act will be applied. If a dismissal penalty is required for an act committed within 5 years from the date the first warning penalty becomes final, the upper limit of the dismissal penalty will be applied instead of the disbarment penalty.
A lawyer who receives a dismissal penalty will be disbarred if they commit at least an act requiring a reprimand penalty within 5 years from the date the penalty becomes final. Except for cases requiring disbarment, a lawyer who commits an act requiring a disciplinary penalty for the first time may be subject to a penalty one degree lighter than the penalty to be imposed. This provision will also apply to those for whom 5 years have passed since the finalization of a disciplinary penalty. With the proposal, some disciplinary regulations in the Law on the Legal Profession are removed as the disciplinary penalties to be imposed on lawyers and the acts requiring these penalties are detailed.
If the Bar Disciplinary Board decides to wait for the outcome of the prosecution, the authority to impose penalties will expire after 1 year from the notification of the finalized court decision to the relevant bar. If a lawsuit is filed against the administrative action established as a result of the disciplinary investigation or prosecution, the statute of limitations will be interrupted. A decision will be made based on the outcome of the new investigation or prosecution to be conducted within a maximum of 2 years from the notification of the court's decision regarding the annulment of the administrative action to the relevant bar or the Turkish Bar Association. No disciplinary penalty can be imposed after 2 years from the date the court decision reaches the relevant bar or the Turkish Bar Association.
Lawyers who are given a disciplinary penalty other than disbarment may apply to the disciplinary board after 5 years from the imposition of the warning, reprimand, monetary, and dismissal penalties, requesting the removal of these disciplinary penalties from their records. Dismissal penalties imposed with recidivism will be excluded from this provision. According to the proposal accepted in the TBMM Justice Commission, known to the public as the 11th Judicial Package, the penalty to be imposed on organization leaders will be increased by up to one and a half times if children are used as tools in crimes committed within the framework of organized activities.
The proposal also amends the Public Procurement Law to fill the legal gap created by the annulment decision given by the Constitutional Court.
Kamu İhale Kurumunun gelirlerine ilişkin hükümde yapılan değişikliğe göre, itirazen şikayet başvuru bedelinin, başvuru dilekçesinde yer verilen iddialar dikkate alınarak belirlenecek haklılık oranına karşılık gelen kısmının Kurul kararıyla başvuru sahibine iadesine karar verilecek. Ancak Kurumca, ilgili hüküm uyarınca başvurunun reddine veya eşit muamele ilkesi yönünden yapılan inceleme sonucunda ilgili hükümler uyarınca ihalenin iptaline veya düzeltici işlem belirlenmesine karar verilmesi halinde başvuru bedeli iade edilmeyecek. Başvuru dilekçesinde aynı iddia kapsamında birden fazla hususa yer verilmesi halinde bu hususlar, Kurum tarafından ayrı birer iddia olarak değerlendirilecek. Kurul kararının başvuru sahibine bildirimini izleyen 30 gün içinde başvuru sahibinin Kuruma yazılı talebi üzerine, bu talep tarihini izleyen 30 gün içinde Kurum tarafından bedel iadesi yapılacak. Kurumca iade edilen bu bedel için faiz işlemeyecek.
İtirazen şikayet başvurusu üzerine alınan Kurul kararlarına karşı açılan davalar sonucunda veya Kamu İhale Sözleşmeleri Kanunu'nun "Mücbir sebepler" başlıklı maddesi uyarınca sözleşmenin feshedilmesi hallerinde, "doğal afetler" hükmü uyarınca tahsil edilen bedelin ilk sözleşme bedelinin tamamlanmayan oranına karşılık gelen kısmının Kurul kararıyla yükleniciye iade edilmesine karar verilecek. Bedel iadesinin yapılabilmesi için yüklenicinin, fesih ve tasfiye işlemlerinin tamamlandığının kendisine bildirimini izleyen 30 gün içinde iade talebiyle idareye başvurması gerekecek. Başvuruyu izleyen 30 gün içinde idarece, ilk sözleşme bedelinin tamamlanmayan oranı dahil gerekli bilgi ve belgeler Kuruma iletilecek. Bilgi ve belgelerin Kurum kayıtlarına alındığı tarihi izleyen 30 gün içinde Kurum tarafından bedel iadesi yapılacak. Kurumca iade edilen bu bedel için faiz işlemeyecek. Bu hüküm, 26 Aralık 2025'te yürürlüğe girecek.
TRIAL OF "FRAUD" CRIME IN CRIMINAL COURTS
With the amendment to the Law on the Establishment, Duties, and Powers of the Courts of First Instance and Regional Courts of Appeal, it is aimed to prevent jurisdictional disputes arising from the prosecution of "fraud" and "qualified fraud" crimes regulated in the Turkish Penal Code (TCK) in different courts. Accordingly, the trial of the "fraud" crime will be conducted in criminal courts.
In cases pending in heavy penal courts or in files under review in the appellate or cassation process at the time this provision comes into force, no decision of lack of jurisdiction or reversal will be made on the grounds that the jurisdiction of the court dealing with "qualified fraud" crimes has changed with the Law that establishes this regulation. These cases will continue to be examined according to the rules of the previous jurisdiction until a final judgment is reached.
AMENDMENTS IN TCK
With the amendment to the "Mental Illness" provision of the Turkish Penal Code (TCK), it is aimed to apply both the execution of the sentence and the security measures specific to the mentally ill for partially mentally ill individuals who are accepted as having criminal responsibility in the legal system. Accordingly, a security measure specific to the mentally ill will also be imposed on the person in question. The duration that mentally ill individuals will spend in a health institution for treatment and protection will not be less than one year for crimes requiring aggravated life imprisonment and life imprisonment, and not less than six months for crimes requiring imprisonment of more than ten years.
In line with the decision of the Constitutional Court, the crime of "insult" committed through a voice, written, or visual communication that addresses the victim is included in the scope of the "pre-payment" provision. Thus, it is aimed to apply "pre-payment" provisions for this crime, which can easily be committed via social media, in order to combat the crime more effectively. These provisions will not apply to the crime of insult committed against a public official due to their duties, and a public lawsuit can be filed according to general provisions.
Prison sentences for causing injury by negligence are being increased. Accordingly, the lower limit of the prison sentence for a person who causes pain to another's body or causes impairment of health or perception will be increased from 3 months to 4 months, and the upper limit will be increased from one year to two years. If the act causes injury to multiple persons, the lower limit of the prison sentence will be increased from 6 months to 9 months, and the upper limit will be increased from 3 years to 5 years.
The subject of the crime of "abuse of trust" will be considered a "qualified case" if it involves motor vehicles, sea, or air vehicles, and the penalty to be imposed in this case will be increased by one fold. Weapons that can fire sound and gas cartridges, commonly referred to as "blank-firing," are included in the scope of the crime of "deliberately endangering public safety" to prevent their use. Accordingly, the lower limit of the prison sentence for a person who fires a weapon that causes danger to the life, health, or property of individuals, or causes fire, building collapse, landslide, avalanche, flood, or inundation, will be increased from 6 months to 1 year, and the upper limit will be increased from 3 years to 5 years. If the crime is committed by firing with a weapon that can shoot sound and gas cartridges, the penalty will be imprisonment from 6 months to 3 years. If this crime is committed in places where people are gathered, the penalty will be increased by half.
With the proposal, the lower and upper limits of prison sentences for the crime of "establishing an organization for the purpose of committing a crime" are being increased. Accordingly, those who establish or manage an organization for the purpose of committing acts defined as crimes by the Law, if the organization is suitable for committing the target crimes in terms of its structure, number of members, and equipment, will face a lower limit of 5 years and an upper limit of 10 years for imprisonment. The upper limit of the prison sentence for members of an organization established for the purpose of committing a crime will be increased from 4 years to 5 years, and if the organization is armed, the penalty will be increased from "one-fourth to half" to "half." If children are used as tools in crimes committed within the framework of the organization's activities, the penalty to be imposed on the organization leaders will be increased by up to one and a half times.
PENALTY INCREASE FOR KIDNAPPING OF TRANSPORTATION VEHICLES
With the proposal known to the public as the "11th Judicial Package," not only the kidnapping or detention of transportation vehicles but also the obstruction of the movement of transportation vehicles will now be subject to penalties.
Penalties for these crimes will also be increased. Accordingly, a person who prevents a land transportation vehicle from moving or stops it while in motion through unlawful behavior will be punished with imprisonment from 1 to 3 years, while a person who takes the vehicle to a different location will face imprisonment from 2 to 5 years. If the subject of the crime is a sea or railway transportation vehicle, the punishment will be imprisonment from 3 to 7 years.
A person who prevents an air transportation vehicle from moving through unlawful behavior will be punished with imprisonment from 5 to 10 years, while a person who takes the vehicle to a different location will face imprisonment from 7 to 12 years. If another crime is committed for the purpose of or during the commission of these crimes, additional penalties will be imposed for that crime.
REGULATION ON ACCOUNTS WITH BENEFITS OBTAINED FROM COMPUTER CRIMES
A provision is being introduced to the Code of Criminal Procedure regarding the suspension and seizure of accounts containing benefits obtained through the commission of computer crimes. Accordingly, if there is reasonable suspicion that crimes related to qualified theft, qualified fraud, and misuse of bank or credit cards, as stated in the Turkish Penal Code, have been committed, the relevant bank, payment service provider, or cryptocurrency service provider may decide to suspend any accounts involved in the crime for up to 48 hours.
The suspension process and account activities will be immediately reported to the public prosecutor's office by the relevant financial institution along with all information and documents. The account holder will also be notified of the suspension. The account holder may apply to the public prosecutor's office for the removal of the suspension. The public prosecutor will decide on the application within 24 hours. If it is determined that the benefits subject to the crime have been transferred to another financial institution before the suspension process is completed, this situation will be reported without delay to the relevant financial institution by the bank, payment service provider, or cryptocurrency service provider to enable the suspension process.
Benefits subject to the crime in an account suspended by the financial institution or suspended upon the written order of the public prosecutor may be seized within the suspension period based on a court decision or in cases where delay is detrimental, by the written order of the public prosecutor. Any seizure without a court decision will be submitted for approval to the competent judge within 24 hours. The judge will announce the decision within 48 hours from the seizure; otherwise, the seizure will automatically be lifted. According to this provision, no report is required for the seizure process. If it is understood that the seized benefits subject to the crime belong to the victim who has suffered from the crime, they will be returned to the owner during the investigation or prosecution phase. Individuals and legal entities who decide on the suspension process under this provision will not be held legally responsible.
Within the scope of an ongoing investigation or prosecution, the public prosecutor, judge, or court will be required to send the requested information or document from the bank, payment service provider, or cryptocurrency service provider within 10 days in physical or electronic form. If the requested information or document is not sent or is sent incomplete, the public prosecutor will impose an administrative monetary fine ranging from 50,000 to 300,000 lira on the relevant bank, payment service provider, or cryptocurrency service provider.
With the amendment to the Turkish Penal Code, the crime of intentionally endangering public safety committed in places where people are gathered is regulated as a qualified case. Accordingly, this crime will be excluded from the scope of the summary trial procedure. With the provision added to the same Law, the case of the crime of abuse of trust involving motor vehicles, sea, or air vehicles is regulated as an aggravating factor, and the qualified case is excluded from the scope of reconciliation. In accordance with the Constitutional Court's annulment decision, reconciliation cannot be pursued for the crime of insult, which is subject to complaint for investigation and prosecution. If a crime falling under the scope of pre-payment and a crime falling under the scope of reconciliation are committed against the same victim, the provisions of reconciliation will apply to the crime falling under the scope of reconciliation.
SCOPE OF THE APPELLATE COURTS' REVISION AUTHORITY IS EXPANDED
With the regulation in the Code of Criminal Procedure, the scope of the appellate courts' revision authority is being expanded. Accordingly, if there are unlawful acts in the decisions of first-instance courts, the appellate court's criminal chambers will also be allowed to issue a revision decision. With the provision added to the Code of Criminal Procedure, files related to the crime of insult where reconciliation has been achieved will not be evaluated under the pre-payment provisions on the grounds that this crime has been excluded from the scope of reconciliation and will be concluded according to the provisions related to reconciliation. For files that are in the investigation or prosecution phase and for which reconciliation has not been achieved as of the date the judgment comes into force, the provisions of pre-payment will apply.
COVID-19 REGULATION
The scope of the regulation known to the public as the "COVID-19 regulation," which allows for earlier release from closed prisons to open prisons and from open prisons to supervised release, will be expanded. This regulation will also include those who committed crimes before July 31, 2023.
Except for terrorism and organized crimes, intentional murder against descendants and ancestors, siblings, spouses, ex-spouses, women, children, and persons who cannot defend themselves physically or mentally, prisoners in closed penal institutions due to crimes committed on or before July 31, 2023, whose total prison sentence is less than 10 years will be able to spend 1 month in these institutions, and those with a sentence of 10 years or more will spend 3 months in these institutions and will be able to transfer to open penal institutions if they have 3 years or less remaining under the relevant legislation as of the date these conditions are met.
These prisoners, as well as those in open penal institutions due to crimes committed on or before July 31, 2023, will be granted the opportunity to benefit from the implementation of the execution of sentences under supervised release 3 years earlier, provided they have stayed in open penal institutions for at least 3 months upon their request.
Within the framework of the new regulation, a compliance adjustment will also be made.
REGULATION ON PRICE TARIFFS OF GOODS AND SERVICES
With the amendment to the Law on Professional Organizations of Tradesmen and Craftsmen, the price tariffs of goods and services produced by tradesmen and craftsmen subject to the Law will be prepared by the chambers to which they are affiliated and will be approved or rejected within 30 days after the submission of the price tariff by the board of the Union to which the chamber belongs. In price tariffs subject to the opinion of the Ministry of Commerce, the 30-day period will stop on the day the request for opinion is submitted to the Ministry and will continue from the day the opinion is communicated to the Union. The approved price tariff will be notified to the local authority, municipality, and relevant chamber within 7 days and will come into effect 15 days later if no objections are made. Price tariffs will indicate the maximum limits to be applied. Price tariffs that are objected to by municipalities or the highest local authority of the area, or those subject to the opinion of the Ministry of Commerce, will be evaluated by the reconciliation commission within 15 days if the Ministry gives a negative opinion, and a final decision will be made.
The reconciliation commission will be composed of representatives from the local authority or an assistant appointed by them, the provincial directorate of commerce, the treasury, the municipality, the relevant public institution in the province, the chamber of commerce and industry or the trade chamber, and the union of tradesmen and craftsmen chambers. The representative of the relevant public institution will be determined by the commission president, taking into account the subject of the requested tariff. Commission decisions will be made by a simple majority. The commission will make its assessment considering the current costs and average profit margins, as well as the inflation targets set in the Medium-Term Program. The requested tariff will come into effect after the final decision of the commission. The procedures and principles regarding price tariffs subject to the opinion of the Ministry of Commerce and the evaluation process of the commission will be determined by a regulation issued by the Ministry of Commerce.