The execution package bill has been approved by the Grand National Assembly of Turkey (TBMM).

04.06.2025 07:50

The 30-article penal reform package, known as the 10th Judicial Package, was accepted and enacted by the Turkish Grand National Assembly after the removal of 8 articles. With this regulation, the way is opened for the release of 19,800 prisoners, while prison sentences for attempted crimes and intentional injury are being increased.

The law proposal known to the public as the "10th Judicial Package," concerning the Execution of Sentences and Security Measures, was accepted in the General Assembly of the Turkish Grand National Assembly (TBMM). With this law, amendments are made to the Enforcement and Bankruptcy Law in accordance with the Constitutional Court's annulment decision.

Accordingly, in the application and examination of appeals and reviews, the monetary limits at the time the case was filed or the complaint was made will be taken into account. The provision regarding the non-application of the increase resulting from the revaluation of the monetary limit used in appeals and reviews for decisions made after the regional court's annulment or the Supreme Court's reversal decisions will be abolished, and the monetary limits valid at the time of the initial decision will be taken as the basis.

AMENDMENT TO THE NOTARIAL LAW

According to the amendment made to the Notarial Law in line with the Constitutional Court's annulment decision, notaries will be subject to disciplinary penalties based on the nature of the situation and the severity of the act if their actions do not comply with the requirements of their title and duties. The acts requiring warnings, reprimands, fines, temporary dismissal, and expulsion from the profession will be separately specified, and the conditions under which they will be applied will be regulated. Except for expulsion from the profession, acts similar to those specified in terms of quality and severity in the law will also be defined as actions requiring disciplinary penalties. The title of the provision "Effect of Previous Penalties" in the law is changed to "Application of a Higher or Lower Degree Disciplinary Penalty and Statute of Limitations." Accordingly, if a notary who has been given any disciplinary penalty commits a new act requiring a disciplinary penalty within 5 years from the date of finalization of this penalty, the heavier disciplinary penalty provided for in the law will be applied for this act.

For a notary who commits an act requiring a disciplinary penalty for the first time and has had positive work experiences during their previous service, except for situations requiring expulsion from the profession, a lighter disciplinary penalty may be applied. Except for acts requiring expulsion from the profession, if 3 years have passed since the learning of acts requiring a disciplinary investigation, no disciplinary investigation can be initiated, and if 5 years have passed since the date of the act requiring a disciplinary penalty, no disciplinary penalty can be imposed. If a criminal investigation or prosecution has been initiated regarding the act requiring a disciplinary penalty, the statute of limitations periods specified in the criminal laws will apply. If the Disciplinary Board decides to wait for the outcome of the prosecution, the authority to impose a penalty will expire one year after the court decision becomes final.

In order to comply with the aforementioned regulations, the provision of the law regarding "Engaging in Acts Contrary to Prohibitions" is abolished, and changes are made to the penalties for notaries who do not deposit the portion of the income related to joint transactions in the common current account within the specified time. In line with the Constitutional Court's decision, amendments are made to the Administrative Jurisdiction Procedure Law. Accordingly, in determining the cases that can be appealed or reviewed in the Council of State, administrative, and tax courts, the monetary limit at the time the case was filed will be taken as the basis.

PENALTIES FOR ATTEMPTED CRIME AND INTENTIONAL INJURY ARE INCREASED

With the amendment made to the Turkish Penal Code, the lower and upper limits of the prison sentence to be given instead of aggravated life imprisonment and life imprisonment for the perpetrator in case of attempted crime are increased. Accordingly, in case of attempted crime, the prison sentence to be given to the perpetrator will be between 13 to 20 years instead of aggravated life imprisonment, while this period will be adjusted to between 14 to 21 years; the period specified in the provision for life imprisonment will be adjusted from 9 to 15 years to between 10 to 18 years. There is also an increase in the prison sentences for the crime of intentional injury. The lower limit of the prison sentence for a person who intentionally inflicts pain on another's body or causes deterioration in their health or perception ability is increased from 1 year to 1 year and 6 months. If the effect of the intentional injury on the person is so minor that it can be remedied with a simple medical intervention, the prison sentence to be imposed upon the victim's complaint, which is between 4 months to 1 year, is changed to between 6 months to 1 year and 6 months. In cases where the crime is committed against a woman, the lower limit of the penalty to be imposed is increased from 6 months to 9 months.

Prison sentences for intentional injury that results in aggravated injury due to consequences are also increased. Accordingly, if the act of intentional injury causes a permanent weakening of one of the victim's senses or organs, constant difficulty in speaking, a permanent scar on the face, a situation that endangers life, or if it is committed against a pregnant woman and causes the child to be born prematurely, the lower limit of the prison sentence will be increased from 3 years to 4 years; the lower limit of the prison sentence to be applied due to the fracture or dislocation resulting from intentional injury will be increased from 5 years to 6 years, depending on the effect of the fracture or dislocation on life functions. If the act of intentional injury leads to the victim developing an incurable disease or entering a vegetative state, losing the function of one of their senses or organs, losing the ability to speak or bear children, undergoing permanent changes in their face, or if it is committed against a pregnant woman and causes the child to miscarry, the lower limit of the prison sentence will be increased from 5 years to 6 years; the lower limit of the prison sentence for the act causing a fracture or dislocation will be increased from 8 years to 9 years, depending on the effect of the fracture or dislocation on life functions. If death occurs as a result of intentional injury, the lower and upper limits of the prison sentence will be changed from 8 years to 12 years to between 10 years to 14 years. If death occurs as a result of intentional injury that causes a fracture or dislocation, the lower limit of the prison sentence will be increased from 12 years to 14 years.

INTENDED EFFECTIVE FIGHT AGAINST THE CRIME OF THREAT

The law aims to combat the crime of threat more effectively and ensure deterrence. Accordingly, in cases of threat that would cause significant damage to property or other harm, the lower limit of the prison sentence to be imposed upon the victim's complaint will be 2 months. If the threat is made with a weapon, by putting the person in an unrecognizable state, through an unsigned letter or special signs, or if it is committed by multiple people together, utilizing the intimidating power of existing or presumed criminal organizations, the upper limit of the prison sentence will be increased from 5 years to 7 years.

PRISON SENTENCES FOR THOSE ENDANGERING TRAFFIC SAFETY ARE INCREASING

Punishments for those endangering traffic safety are also being increased. Accordingly, the lower limit of the prison sentence for those who operate land, sea, air, or railway vehicles in a manner that may endanger the life, health, or property of individuals will be increased from 3 months to 4 months; the lower limit of the prison sentence for those who drive vehicles while unable to do so safely due to the influence of alcohol or drugs, or for any other reason, will be raised from 3 months to 6 months.

According to the Law on the Execution of Sentences and Security Measures and the Law Amending Certain Laws, a well-behaved convict who is in an open prison or a juvenile education center and has 1 year or less remaining until conditional release must have spent at least one-tenth of the time in prison until the conditional release date, with a minimum of 5 days. Conditional release will be granted to convicts who are subject to recidivism provisions for the second time. In this context, the conditional release rate for fixed-term prison sentences will be applied as three-quarters.

In cases where recidivism provisions are applied, those convicted of a crime committed in recidivism will benefit from conditional release if they have served 39 years of aggravated life imprisonment, 33 years of life imprisonment, or a maximum of 32 years in the case of multiple fixed-term sentences, provided that two-thirds of the fixed-term sentence is served well in the prison.

SPECIAL EXECUTION REGULATIONS

The law expands the scope of special execution provisions and introduces home execution arrangements for convicts over the age of 80. Upon the request of the convict, the execution judge may decide that for intentional crimes, a total of 3 years, and for unintentional crimes excluding unintentional homicide, a total of 5 years or less of imprisonment can be served in the prison on weekends by entering at 19:00 on Fridays and exiting at the same time on Sundays; and on weekdays, by entering at 19:00 and exiting at 07:00 the next day, provided that the same duration is maintained. The execution procedure may also be applied on weekdays, provided that it is the same duration, according to the convict's work life and family situation and the order and functioning of the penal institutions.

Without prejudice to the legal responsibilities for the return of damages arising from the crime, the execution judge may decide to serve the sentences of women, children, or individuals over the age of 65 who have been sentenced to a total of 3 years, those over 70 years to a total of 4 years, those over 75 years to a total of 5 years, and those over 80 years to a total of 6 years or less in their homes.

Except for those sentenced to aggravated life imprisonment, convicts who are sentenced to imprisonment or whose judicial fines are converted into imprisonment may have their sentences served at home if it is determined that they cannot sustain their lives under the conditions of the penal institution due to a serious illness or disability, and it is assessed that they do not pose a serious and concrete danger to public safety.

The convict's situation will be reviewed by the Chief Public Prosecutor's Office according to the procedure determined at one-year intervals. If it is determined that the convict has recovered based on the results of the review, the execution judge will revoke the decision to serve the sentence at home. The convict will be monitored by the supervised release directorate and the local law enforcement authorities. Convicts with a total sentence of more than 10 years will be required to be monitored through electronic devices. If these obligations are violated, the decision to serve the sentence at home will be revoked by the execution court.

Female convicts who have been sentenced to a total of 5 years or less of imprisonment or whose judicial fines are converted into imprisonment and who have given birth within the last 6 months may have their sentences served at home, as decided by the execution judge. For those whose sentences are decided to be served according to the special execution procedure, the provisions regarding conditional release and supervised release will be applied according to the execution regime they are subject to. Convicts who do not fulfill certain obligations regarding the implementation of supervised release will not benefit from special execution procedures.

In order to comply with the proposed amendment to grant conditional release opportunities to convicts subject to recidivism provisions for the second time, a regulation is being made. The provision requiring well-behaved convicts in open prisons or juvenile education centers, who have 1 year or less remaining until conditional release, to spend at least one-tenth of the time in prison until the conditional release date will not be applied to crimes committed before the date of its entry into force.

REGULATIONS FOR THE JUDGES AND PROSECUTORS COUNCIL

The law amends the International Private Law and Procedural Law in accordance with the Constitutional Court's annulment decision. Accordingly, even if a choice of law is made in the employment contract, if there is a law more closely related to the contract according to all the circumstances of the case, the judge is allowed to apply the law more closely related to the contract instead of the law determined by the employment contract, except for the provisions of the law that must be applied at the time the work is performed.

According to the amendment made to the Judges and Prosecutors Council Law, those whose membership in the Council ends and who are elected from the high court will return to their high court membership to complete their remaining term without any further action and without the requirement of a vacant position, and the first vacant member position will be allocated to them. With the accepted proposal of the AK Party, an amendment was made to Article 27 of the bill to prevent any doubts that may arise in practice regarding those who are not elected to the high court.

Accordingly, those whose membership in the Council ends for any reason among those selected from the judges and prosecutors of the judicial and administrative judiciary will be appointed to a position deemed appropriate in one of the three places they prefer, taking into account their qualifications by the General Assembly. However, among those who complete their term, members elected from the judges and prosecutors of the judicial judiciary may be elected to the Supreme Court, and members elected from the judges and prosecutors of the administrative judiciary may be elected to the Council of State, regardless of whether there is a vacant position or not, by the General Assembly.

If there are no vacant positions, the first vacant member positions will be allocated to them. Elections or appointments will be made within 30 days from the date the membership of the Board ends. Until the election or appointment process is completed, the concerned parties will be considered on leave and will continue to benefit from the rights of Board membership. According to the amendment made to the Code of Civil Procedure in line with the Constitutional Court's annulment decision, the monetary limits in the provisions regarding the obligation to prove by deed and the prohibition of proving against the deed with witnesses will be based on the amount at the time the legal transaction was made; for decisions that can be appealed, decisions that cannot be appealed, and provisions regarding the review and hearing of appeals, the monetary limits will be based on the amount at the time the case was filed.

In accordance with the accepted proposals of the AK Party and the New Path Party, Articles 12, 14, 15, 16, 17, 23, 24, and 25 were removed from the bill. After the discussions were completed, in the voting held, the Law on the Execution of Sentences and Security Measures, known to the public as the "10th Judicial Package," along with the Bill on Amendments to Certain Laws, was accepted in the General Assembly of the Grand National Assembly of Turkey. Following the acceptance of the proposal, Deputy Speaker of the Assembly Bekir Bozdağ congratulated the members of parliament on the upcoming Eid al-Adha and closed the session to reconvene on Wednesday, June 11, at 14:00, in accordance with the decision taken.