The 12th Judicial Package passed the commission! New regulation accepted for IBAN victims.

The 12th Judicial Package passed the commission! New regulation accepted for IBAN victims.

27.06.2026 14:20

The 12th Judicial Package, adopted by the Turkish Parliament's Justice Commission, includes numerous regulations concerning enforcement and bankruptcy procedures, forensic medicine, digital evidence, and criminal proceedings. The bill also stipulates a reduction in penalties for those who indirectly participate in fraud by sharing bank account information, known as "IBAN victims" in the public, while emphasizing that no step back will be taken in the fight against organized fraud.

The draft law known in the public as the "12th Judicial Package," which proposes amendments to certain laws to enhance the effective and efficient functioning of the judiciary, was approved by the Turkish Grand National Assembly (TBMM) Justice Committee. With the draft, the deadline of July 23, 2026, for reducing the number of chambers in the Council of State to 10 will be extended by an additional 4 years.

The draft, expected to be brought to the agenda of the TBMM General Assembly in the coming days, introduces new regulations in many areas.

NEW REGULATIONS IN ENFORCEMENT, ADMINISTRATION, AND FORENSIC MEDICINE

According to the draft, amendments will be made to the Enforcement and Bankruptcy Law. Accordingly, judgments issued by the Court of Cassation, regional courts of appeal, and first-instance courts concerning a certain amount of money, as well as attorney fees and litigation costs, will be promptly executed by the administration. The scope of cases to be resolved by a single judge in administrative courts will be expanded. In cases where expert opinion is sought on matters that can be resolved with the legal knowledge required for the judiciary and prosecution profession, a warning penalty will be applied.

With the regulation concerning the Forensic Medicine Institution, individuals appointed to the positions of chairperson and members of forensic medicine specialty boards will be required to hold at least a specialization certificate or doctorate degree in medicine or dentistry. The term of office for chairpersons, members, group leaders, and heads of specialty departments will be four years. Those whose terms expire will continue their duties until new appointments are made.

NEW TRAINING PROGRAM FOR JUDGE AND PROSECUTOR ASSISTANTS

With the amendment to the Law on Judges and Prosecutors, judicial and administrative judge assistants will receive training in areas including constitutional law and human rights law, criminal law, private law, administrative law, tax law, procedural law, court management, drafting decisions and reasoned decisions, management and supervision of justice services, international organizations and treaties, frequently encountered cases, and personal development.

NO DEFERMENT OF ANNOUNCEMENT OF VERDICT FOR TORTURE AND MISTREATMENT CRIMES

According to the draft, the provisions for deferment of the announcement of a verdict will not apply to crimes of torture and mistreatment, as well as crimes committed by public officials in relation to their duties that may be considered ill-treatment under Article 17 of the Constitution. In line with the Constitutional Court's annulment decision, the provision of the Criminal Procedure Code regarding the confidentiality of genetic examination results will also be amended. The examination results will be stripped of identifying information, recorded in a special system, and a copy will be kept in the case file as evidence.

In cases such as a decision of non-prosecution, acquittal, or a final decision of no need for punishment, this information will be immediately destroyed. In other cases, it will be destroyed in the presence of a public prosecutor 20 years after the court decision becomes final. Individuals whose information is recorded in the system may request the judge or court to delete these records when the reason for storing the personal data ceases to exist or when there is a justified reason.

COMPUTER COPIES TO BE DESTROYED

The draft also reorganizes procedures regarding computer examinations. Accordingly, if there is strong suspicion based on concrete evidence in a criminal investigation and it is not possible to obtain evidence otherwise, a search may be conducted on the suspect's computers by a judge's decision or, in cases where delay is detrimental, by a public prosecutor's decision, and copies of records may be taken and decoded into text.

Decisions made by a public prosecutor must be submitted for judicial approval within 24 hours. The judge must render a decision within at most 24 hours. If the time limit expires or the judge decides otherwise, the copies taken and decoded texts will be immediately destroyed.

In cases such as the inability to decrypt passwords or access concealed information, computers and other digital materials may be seized. Once the password is decrypted and necessary copies are taken, the seized devices will be promptly returned. During seizure, a backup of all data on the system will be made, one copy of which will be handed over to the suspect or their defense counsel and recorded in a report. Copies of all or part of the data in the system may also be taken without seizing the computer or computer records. The data obtained will be printed on paper, recorded in a report, and signed by the relevant parties.

NEW REGULATION FOR "IBAN VICTIMS"

With a proposal accepted by the AK Party and MHP in the TBMM Justice Committee, a new article was added to the draft regarding individuals who share their bank account information with others for unjust benefit, known in the public as "IBAN victims." Accordingly, a new paragraph will be added to Article 158 of the Turkish Penal Code, which regulates qualified fraud.

If participation in the crime of fraud or qualified fraud is limited solely to providing required information or instruments to another person for the purpose of enabling the use of one's bank account to obtain unjust benefit for oneself or another, the penalty to be imposed will be reduced by half.

According to the transitional provisions regulated by the accepted proposal in the committee, for defendants who have been sentenced for fraud or qualified fraud before the regulation enters into force and whose case files are under legal review, in cases where the new provision will apply, the criminal chambers of regional courts of appeal will issue reversal decisions and send the files to first-instance courts. Files held by the Office of the Chief Public Prosecutor of the Court of Cassation will be duly forwarded to first-instance courts.

Additionally, with the accepted proposal of the AK Party, the provision stating that first-instance courts' decisions cannot be reversed solely on the grounds of lack of jurisdiction or venue, except for decisions made by regional courts of appeal in their capacity as first-instance courts, was removed from the draft.

CÜNEYT YÜKSEL: NO RETREAT IN THE FIGHT AGAINST ORGANIZED FRAUD

TBMM Justice Committee Chairman and AK Party Istanbul Deputy Cüneyt Yüksel, in his statement regarding the regulation, noted that through social media and digital platforms, citizens' bank accounts could be used for transferring crime proceeds via promises such as "rent your account, share your IBAN, earn commission."

Stating that young people are most affected by these methods, Yüksel said that due to the promise of easy money or insufficient foresight of legal consequences, some young people make their bank accounts available to criminal organizations, leading to severe legal consequences that could affect their education and professional lives.

Emphasizing that no one can completely escape responsibility by saying "I didn't know," Yüksel used the following expressions: "I would particularly like to state that the prepared regulation does not foresee any change for individuals who plan, organize, manage, deceive citizens, or obtain the primary benefit from the crime of fraud."

There is not the slightest step back in our fight against organized fraud. The regulation only aims to ensure a more proportionate assessment regarding individuals whose contribution to the crime is limited to providing a bank account or the information and tools enabling the use of such an account.

Yüksel stated that the regulation does not create a new crime, does not exclude any act from being a crime, and does not grant impunity to perpetrators of fraud, and expressed that the regulation will contribute to compensating the losses of real victims.

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