01.06.2025 08:00
The bill known to the public as the "10th Judicial Package," concerning the Enforcement of Criminal and Security Measures Law and Amendments to Certain Laws, has been approved by the Justice Commission of the Grand National Assembly of Turkey (TBMM).
The proposal for the execution law, which thousands of citizens have been eagerly awaiting, has been accepted by the Justice Commission of the Grand National Assembly of Turkey (TBMM). With the proposal, amendments are being made to the Enforcement and Bankruptcy Law in accordance with the Constitutional Court's annulment decision. Accordingly, the monetary limits at the time the case was filed or the complaint was made will be taken into account for appeals and reviews.
The provision regarding the monetary limit taken into account for appeals and reviews will be abolished, which states that the increase due to revaluation will not apply to decisions made again following the cancellation of the regional court of appeal or the reversal decisions of the Supreme Court, and that the monetary limits valid at the time of the first 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 one of the 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 listed, and the conditions under which they will be applied will be stipulated. Except for expulsion from the profession, acts similar to those specified in the provision in terms of nature and severity 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 during their previous service, except for situations requiring expulsion from the profession, a lighter disciplinary penalty than the one to be imposed will be applicable.
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 the act requiring a disciplinary penalty was committed, 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 from joint transactions related to the common current account into the common 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 must be heard in the Council of State, administrative and tax courts, which meet the conditions specified in the Law and require a hearing, as well as the decisions that can be appealed, the monetary limit at the time the case was filed will be taken as the basis.
PENALTIES FOR ATTEMPTED CRIME AND INTENTIONAL INJURY
With the amendment made to the Turkish Penal Code, the lower and upper limits of the prison sentence to be imposed for attempted crimes are increased instead of aggravated life imprisonment and life imprisonment. Accordingly, in the case of attempted crimes, the prison sentence will be between 13 to 20 years instead of aggravated life imprisonment, while this period will be adjusted to 14 to 21 years; the provision that foresees a prison sentence of 9 to 15 years instead of life imprisonment will be adjusted to 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 damage to their health or perception ability is increased from one year to one year and six 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. If the crime is committed against a woman, the lower limit of the penalty to be imposed is raised from 6 months to 9 months.
Prison sentences for intentional injuries that result in aggravated injury due to consequences are also increased. Accordingly, if the 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 caused by the intentional injury will be increased from 5 years to 6 years based on the impact of the fracture or dislocation on life functions.
If the intentional injury causes the victim to suffer from an incurable disease or enter a vegetative state, lose the function of one of their senses or organs, lose the ability to speak or bear children, undergo 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 to be imposed due to the fracture or dislocation caused by the act will be increased from 8 years to 9 years based on the impact 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 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.
EFFECTIVE FIGHT AGAINST THE CRIME OF THREAT
The law proposal 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 disguising oneself, through unsigned letters or special signs, or by multiple persons together, utilizing the intimidating power created by existing or presumed criminal organizations, the upper limit of the prison sentence will be increased from 5 years to 7 years.
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Weapons that can fire sound and gas cartridges are also included in the scope of the crime of "deliberately endangering public safety." Accordingly, those who fire weapons or use explosives, including those who can fire sound and gas cartridges, will be punished with imprisonment from 1 year to 5 years. If fires are set in a manner that could endanger the life, health, or property of individuals, or in a way that could create fear, anxiety, or panic among individuals; if it leads to building collapses, landslides, avalanches, floods, or inundations; or if crimes involving firing weapons or using explosives, including those who can fire sound and gas cartridges, are committed in places where people are gathered, the penalty will be increased by up to one and a half times.
PENALTIES FOR ENDANGERING TRAFFIC SAFETY
Penalties for 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 could 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 increased from 3 months to 6 months.
It is also aimed to ensure the safety of individuals' lives and property in traffic by more effectively combating aggressive acts in traffic. Accordingly, the title of the provision in the Law regarding "Hijacking or detaining transportation vehicles" is changed to "Obstructing the movement of transportation vehicles, hijacking or detaining them." A person who unlawfully prevents a land transportation vehicle from moving, stops it while in motion, or takes it to a different location will be punished with imprisonment from 1 year to 3 years. If the subject of the crime is a sea or railway vehicle, the prison sentence will be from 2 years to 5 years.
A person who unlawfully prevents an air transportation vehicle from moving or takes it to a different location will be sentenced to imprisonment from 5 years to 10 years. If another crime is committed for the purpose of or during the commission of these defined crimes, a penalty will also be applied for that crime. Those convicted of intentional crimes with a total prison sentence of 3 years or less, and those convicted of negligent crimes with a total prison sentence of 5 years or less, will serve their sentences directly in juvenile education institutions. The proposal to amend the Law on the Execution of Sentences and Security Measures, accepted by the Justice Commission of the Grand National Assembly of Turkey, also amends the Code of Criminal Procedure. Accordingly, it is ensured that the crime of deliberately endangering public safety, as defined in the Turkish Penal Code, is regulated as an aggravated form when committed in places where people are gathered, and that this crime is excluded from the scope of the summary trial procedure.
With the amendment made to the Law on the Execution of Sentences and Security Measures, the definition of "closed penal institutions for children" is expanded to include not only child detainees but also child convicts. Decisions regarding the separation of child convicts from closed penal institutions for children to juvenile education institutions will be made based on an assessment of good behavior. The periods for re-evaluation of child convicts whose attitudes and behaviors are negatively assessed regarding separation to juvenile education institutions will not exceed 6 months. Those convicted of intentional crimes with a total prison sentence of 3 years or less, and those convicted of negligent crimes with a total prison sentence of 5 years or less, will serve their sentences directly in juvenile education institutions.
Those who escape from these institutions, including those directly admitted to juvenile education institutions, or those for whom an arrest warrant has been issued for another act, as well as those who have received a disciplinary penalty of return to a closed penal institution or room confinement, and those whose disciplinary penalty has been finalized, or those whose actions pose a danger to institutional order or personal safety, will be sent to closed penal institutions for children by the decision of the "administration and observation board." Except for child detainees who are in a dangerous situation, those who pose a risk of evidence tampering, those who endanger the purpose of the investigation or prosecution, or the security of the detention center, or those who engage in behaviors that would allow the crime to be repeated, child detainees who are convicted of crimes with a maximum penalty of 15 years or less may be accommodated in juvenile education institutions with the decision of the administration and observation board and the approval of the execution judge. Child detainees who lose the conditions for accommodation in juvenile education institutions will be sent to closed penal institutions by the decision of the administration and observation board.
The procedures and principles regarding whether child convicts will be separated to juvenile education institutions based on the types of crimes and penalties, the duration they will spend in juvenile education institutions, their transfer to closed penal institutions for children, their direct admission to juvenile education institutions, the transfer of those directly admitted to juvenile education institutions to closed penal institutions for children, and other matters will be specified in the regulation. A well-behaved convict in an open penal institution or juvenile education institution, who has 1 year or less remaining until conditional release, must have spent at least one-tenth of the time they are required to spend in the penal institution before the conditional release date, which cannot be less than 5 days.
Conditional release opportunities will be provided for convicts to whom recidivism provisions are applied for the second time. In this context, the conditional release rate for fixed-term prison sentences will be applied as three-quarters. In the case of the application of recidivism provisions, the aggravated life imprisonment sentence for the crime committed in recidivism will be reduced to 39 years, the life imprisonment sentence to 33 years, and in the case of multiple fixed-term sentences, a maximum of 32 years, provided that two-thirds of the fixed-term sentence is served in the penal institution in good behavior, they will benefit from conditional release.
SPECIAL EXECUTION REGULATIONS
With the proposal, the scope of special execution provisions is expanded, and a home execution arrangement is made for convicts over the age of 80. Upon the request of the convict, the execution judge may decide that for intentional crimes with a total prison sentence of 3 years, and for negligent crimes excluding negligent homicide with a total prison sentence of 5 years or less, the convict will serve their sentence in penal institutions on weekends by entering at 19:00 on Fridays and exiting at the same time on Sundays; and on weekdays, excluding weekends, by entering at 19:00 and exiting the next day at 07:00.
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The method of execution may be applied by the penal institution on weekdays, provided that the duration is the same, depending on the convict's work life and family situation, as well as the order and functioning of the penal institutions.
Subject to the legal responsibilities regarding the full compensation of the damage caused by the crime leading to the conviction, either by returning the damage in kind, restoring the situation prior to the crime, or through compensation; the execution judge may decide that the total prison sentences of 3 years for women, children, or individuals over 65 years of age, 4 years for individuals over 70 years of age, 5 years for individuals over 75 years of age, and 6 years or less for individuals over 80 years of age can be served at their residence. Except for those sentenced to aggravated life imprisonment, convicts who are sentenced to imprisonment or whose judicial fines are converted into imprisonment during the execution process may have their sentences served at home, provided that it is determined that they cannot sustain their lives under the conditions of the penal institution due to a serious illness or disability, and that they do not pose a serious and concrete danger to public safety, according to the procedure specified in the relevant judgment.
The convict's situation will be examined 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 examination results, the execution judge will revoke the decision regarding serving the sentence at home. The convict will be monitored by the probation office and the law enforcement authorities in the area. 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 have been converted into imprisonment during the execution process, and who have given birth more than 6 months ago, 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 probation measures will be applied according to the execution regime they are subject to.
Convicts who do not fulfill certain obligations regarding the implementation of probation will not be able to benefit from special execution procedures. A regulatory adjustment is being made to comply with the proposed change to allow conditional release for convicts who are subject to recidivism provisions for the second time. Good conduct convicts in open penal institutions or juvenile education centers, who have 1 year or less remaining until their conditional release, will be required to spend at least one-tenth of the time they need to spend in the penal institution until the conditional release date to benefit from the probation measure; this provision will not apply to crimes committed before its effective date.
REGULATIONS ON PUBLISHING IN THE INTERNET ENVIRONMENT
With the proposal, amendments are being made to the Law on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through These Publications, in line with the Constitutional Court's annulment decision. The definition of "removal of content from publication" in the law is changed to "removal of content from the internet environment."
The definition of "warning method" is arranged as "the notification made by persons claiming that their rights have been violated due to the content of the publication made on the internet." When the measure of "removal of content from publication" is applied, the relevant content may be removed from the internet environment in a reversible manner if necessary. The title of the provision annulled by the Constitutional Court, "Removal of content from publication and blocking access," is changed to "Violation of personal rights." According to the newly arranged provision, individuals claiming that their personal rights have been violated due to the publication content may apply to the peace criminal court for the removal of the content and/or blocking access.
The peace criminal court will issue a decision for the removal of content and/or blocking access within 24 hours in cases where the violation can be understood at first glance without the need for a detailed examination. If individuals claiming that their personal rights have been violated due to the publication content request it, the peace criminal court will decide, without the need for a detailed examination, that the name of the applicant will not be associated with the internet addresses subject to the violation in cases where the violation can be understood at first glance. The decision will include the search engines to be notified. In cases where the violation cannot be understood at first glance without a detailed examination, the application will be rejected.
The peace criminal judge will decide only regarding the publication where the violation occurred under this provision. A decision cannot be made to block access to the entire publication made on the website. However, if there is a belief that the violation cannot be prevented by blocking access to the content by specifying the URL address or that the decision to remove the content has not been fulfilled, access to the entire publication made on the website may be blocked, provided that the reason is clearly stated. The decision made by the peace criminal judge will be sent directly to the Union to be notified to the content and hosting providers. This decision will be notified by the Union to the content and hosting providers. Upon notification, the decision will be implemented immediately and no later than 4 hours.
If the publication regarding the violation of personal rights subject to the decision is published on other internet addresses, the relevant person may apply to the Union to request that the decision be applied to these addresses as well. If the Union accepts the request, the existing decision will also be applied to these addresses. An appeal may be made to the court that issued the decision against the acceptance of the request by the Union. This provision will not be applied in decisions to block access to the entire publication on the website.
If the content subject to the blocking of access has been removed, the judge's decision will automatically become invalid. If the content subject to the decision to block access to the entire website has been removed, the decision will be lifted by the peace criminal court that issued the decision upon the request of the relevant party. Decisions made by peace criminal courts in this context may be appealed according to the provisions of the Criminal Procedure Code. The judge whose decision is appealed or the authority authorized to review the appeal may hear the parties if deemed necessary. Those responsible for the content and hosting providers who do not fulfill the requirements of these decisions will be punished with a judicial fine of 1000 to 5000 days.
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If the decision to remove the given content is not fulfilled by the foreign-based social network provider with a daily access of more than 10 million from Turkey upon the application made by the relevant person, the Union will notify the social network provider again to ensure the implementation of the decision. If the decision is not fulfilled within 24 hours despite the notification, the relevant person may apply to the magistrate court that issued the decision to reduce the internet traffic bandwidth of the social network provider by 50 percent.
If the content is not removed within 30 days from the implementation of the judge's decision regarding the acceptance of the application, the relevant person may apply to the magistrate court that issued the decision to reduce the internet traffic bandwidth of the social network provider by up to 90 percent. Upon the second application, the judge may set a lower rate, not less than 50 percent, taking into account the nature of the service provided. The decisions made by the judge will be sent to the Union to be notified to the access providers. The requirements of the decisions will be fulfilled by the access providers immediately and at the latest within 4 hours from the notification. If the decision to remove the content is fulfilled, upon the request of the relevant person, the magistrate court that issued the decision will lift the decision regarding the reduction of internet traffic bandwidth.
REGULATIONS REGARDING THE JUDGES AND PROSECUTORS COUNCIL
With the proposal, amendments are made to the Law on Private International 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 mentioned contract according to all the conditions of the case, the law of the place where the work is performed will apply, except for the provisions that must be applied at the time of the work, and it is allowed to apply the law more closely related to the employment contract instead of the law determined by the employment contract within the discretion of the judge.
According to the amendment made to the Judges and Prosecutors Council Law, those who are selected from the high court membership and whose Council membership has ended will return to their high court membership position to complete their remaining term without any action required and without the need for a vacant position, and the first vacant member position will be allocated to them. Those selected from the judicial and administrative judiciary, whose Council membership ends for any reason except for the completion of the term, will be appointed to a suitable position in one of the three places they prefer, taking into account their qualifications, by the General Assembly. Among those who complete their term, members selected from the judicial judges and prosecutors will be elected to the Supreme Court, and members selected from the administrative judges and prosecutors will be elected to the Council of State, regardless of whether there is a vacant position. If there is no vacant position, the first vacant member positions will be allocated to them.
The election or appointment procedures will be carried out within 30 days from the date the Council membership ends. Until the election or appointment is made, the relevant persons will be considered on leave and will continue to benefit from the rights of Council membership. According to the amendment made to the Code of Civil Procedure in accordance with the annulment decision of the Constitutional Court, in the application of the monetary limits in the provisions regarding the obligation to prove by deed and the prohibition of proving against the deed by witness, the amount at the time the legal transaction is made will be taken as the basis; in the application of the monetary limits in the provisions regarding decisions that can be appealed, decisions that cannot be appealed, and provisions regarding the examination and hearing of the appeal, the amount at the time the case is filed will be taken as the basis. The discussions in the TBMM Justice Commission lasted approximately 15.5 hours.
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