15.05.2025 08:20
Shortly before the expiration of the 6-month period granted by the Constitutional Court for a new regulation to be made, it is anticipated that the new regulation to be added to the New Judicial Package will clarify the expression "committing crimes on behalf of an organization" and provide for reductions in prison sentences.
According to the news published in Türkiye Gazetesi, new lower and upper limits will be determined by reducing the penalties given to those who commit crimes on behalf of an organization without being a member of that organization in the Turkish Penal Code (TCK). With the PKK terrorist organization's decision to lay down arms and dissolve, a new phase has been entered in the process of a Terror-Free Turkey. Upon the application of the CHP, the Constitutional Court (AYM) had annulled the penalties given to those who commit crimes on behalf of an organization despite not being a member of it. New regulations will be made in accordance with the decision.
The AYM had annulled the provision in Article 220 of the TCK titled 'Establishing an organization for the purpose of committing a crime,' which states, 'A person who commits a crime on behalf of the organization without being a member of it shall be punished with imprisonment from 2 years and 6 months to 6 years,' and the provision in Article 314 titled 'Armed organization,' which states, 'A person who commits a crime on behalf of the organization without being a member of it shall be punished with imprisonment from 5 to 10 years' at the beginning of this year. It was evaluated that it was disproportionate to impose the same penalty on those who are members of an organization established for the purpose of committing a crime and those who commit crimes on behalf of the organization without being a member.
THE AK PARTY HAS TAKEN ACTION
Shortly before the expiration of the 6-month period given by the AYM for a new regulation to be made, the AK Party took action. With the regulation to be added to the New Judicial Package, it is anticipated that the expression 'committing crimes on behalf of the organization' will be made more explicit and reductions in prison sentences will be made. AK Party sources stated that the penalties in question would be reduced, taking into account the AYM's annulment rationale, and new lower and upper limits would be determined. If a new regulation is made and reductions in penalties are implemented, it is stated that those currently in prison for this crime will benefit and there will be releases.
IT HAD BEEN A SUBJECT OF DEBATE
The penalty regulation regarding those who commit crimes on behalf of an organization without being a member of it had also been a subject of debate in the public. As a result of the opposition's application to the AYM, the regulation was first annulled in 2023, and later the act was redefined as an independent crime. However, after the CHP's second annulment application, the regulation was annulled once again in January of this year. In the AYM's decision, it was stated that the concept of 'on behalf of the organization' is ambiguous and that if the provision is interpreted broadly, it could lead to a situation where a person committing a crime on behalf of the organization faces harsher penalties compared to the members of the organization. In the decisions of the European Court of Human Rights (ECHR), it was also stated that punishing individuals for committing crimes on behalf of an organization without being a member is contrary to the European Convention on Human Rights.