The Law on the Execution of Criminal and Security Measures and the Law on Amendments to Some Laws were published and entered into force in the Official Gazette no. 31100 dated April 15, 2020.
The modern criminal system is basically aimed to promoting the socialization of convicts, strengthening the factors that prevent them from committing crimes again, making them productive, compliant with laws and a responsible way of life, thus ensuring the overall and private prevention effect of punishment and protecting society against crime.
With the 69-point regulation issued under this purpose, a total of 11 different laws were amended, including the Law on the Execution of Criminal and Security Measures, the Law of Execution And the Turkish Penal Code and the Criminal Procedure Law.
The Content of these articles;
In accordance with the Law on Execution Judgeship No. 4675; Increased Duty Powers of Execution Judges
With this law; By strengthening the capacity of the Judge of execution, all decisions regarding the reconciliation agreements and executions will be made by these judges.
- The power of examining and deciding on complaints made against the decisions made by the Public Prosecutor regarding the execution of criminal and security measures, making all decisions that must be made by the judge or the court regarding the execution of criminal and security measures, have been added.
- In order to fulfill the duties assigned by the Law on Enforcement Judges and other laws, the Court of Execution will be established by the Ministry of Justice, taking the positive opinion of the Board of Judges and Prosecutors (HSK) in consideration of the geographical situation and work intensity of each province center and regions.
- An appeal may be filed against the decisions of the execution judge or by the relevant public prosecutor in accordance with the provisions of the Criminal Procedure Code within seven days of notification.
- Amendments in the Law on the Execution Judge and the Turkish Penal Code and the Law on the Execution of Criminal and Security Measures, or arrangements that give new duties to the execution judge, will be implemented as of September 1, 2020.
In accordance with Turkish Penal Code No. 5237; Increased Penalties for Ones Who Establish Organizations and for the Ones Who Run the Organizations
- If those who establish or manage organizations in order to commit acts deemed crimes by law are eligible to commit purpose crimes in terms of structure of the organization, the number of members it owns and the purpose of the equipment, the prison sentence they receive has been increased from 2 years – 6 years to 4 years – 8 years.
- The prison sentence of 1 year to 3 years for members of the organization established for the purpose of committing a crime was increased to 2 years to 4 years.
- The person who lends money to someone else for profit will be punished with a prison sentence of 2 years to 6 years and a fine of 500 days. If the crime is committed within the framework of the activity of an organization, the penalty will be increased by one time.
In accordance with The Criminal Procedure Law No. 5271; Judicial Control Instead of Arresting Pregnant Women
- The suspect, who was found to be unable to sustain her life alone under the conditions of the penitentiary institution due to a serious illness or disability, and the female suspect, who became pregnant or who has not passed six months from the date of her birth, can be decided to be brought into judicial control instead of being arrested.
- If a prison sentence has been given and if an appeal or cassation has been applied for this sentence, the first instance court, which will give the verdict by examining the UYAP records, will also be able to make a judicial control order and arrest warrant.
In accordance with the Law on the Execution of Criminal and Security Measures No. 5275; Prisoners of Open Criminal Execution Institutions
- A total of deliberate crimes, excluding those convicted of terrorism, crimes against establishment, management or membership of the organization, crimes committed within the scope of organizational activity and crimes committed against sexual immunity, and those who have been sentenced for the second time, and those who have been sentenced due to the withdrawal of the conditional release order; the sentences imposed on those sentenced to 3 years or less will be sentenced directly in open penal execution institutions.
- For those who have been sentenced to imprisonment for a total of 5 years or less for negligent crimes, those who have been sentenced to imprisonment during the execution and bankruptcy law, those who have been subjected to jail in accordance with the Law on Enforcement and Bankruptcy will be executed directly in open penal execution institutions.
- Those who are sentenced to a total of 10 years or more in prison and those who are convicted of terrorism crimes, establishment, management or membership of an organization, crimes committed within the scope of organizational activity, crimes against intentional killing, crimes against sexual immunity, and drug or stimulant production and trade crimes leaving the administration to open prisons from closed prisons with administration and observation board decision will be implemented after the approval of execution judges.
In accordance with the Law on the Execution of Criminal and Security Measures No. 5275;
- Child convicts will be given the opportunity to meet once a month by increasing the possibility of family interviews provided every two months at the latest.
- Child convicts will also have family interviews with their siblings.
- The execution of the prison sentence will be adjourned for women who are pregnant or if the period after birth does not exceed 1 year and 6 months.
- In order to benefit from conditional release, the prisoner will have to spend the execution time in the institution in a good manner.
- The conditional release rate has been reduced from 2/3 to 1/2, and the execution rate has been reduced from 3/4 to 2/3 in terms of duplicates and organized crime.
- Conditional release rates of 3/4 of drug trafficking and sexual abuse and terrorist offenses have been preserved. If these crimes are committed by children, the conditional release rate of 2/3 has not changed.
- There has been no reduction in the crime of intentional killing, intentional wounding, crimes against private life and the secret area of life, and crimes against state secrets, and torture.
Regulations on Probation
- The provision regarding the punishment of the convicted prisoners who have been in an open penal institution for 1 year to be released conditionally will be preserved.
- If the convict does not fulfill his obligations or apply to the probation directorate within the scope of probation practice, he will execute his sentence in the open penal execution institution.
- If a public case has been filed against the prisoner for a deliberate crime that requires a sentence of one year or more, the execution judge will be able to decide whether the prisoner should be sent to an open criminal institution.
- Under the provisional arrangement, a 1-year probation period will be increased to 3 years, especially for crimes committed until 3 March 2020, excluding terrorism, drug trafficking, sexual assault and abuse crimes, intentional killing, intentional wounding offences that cause a constant change of face, and crimes relating to violence, torture and torture against women, and privacy crimes against women.
- Regarding crimes committed until March 30, 2020, excluding terrorism, sexual assault and abuse, deliberate killing and private privacy crimes; Probation period will be applied as 4 years for female convicts who have 0-6 age group children and convicts who have completed 70 years of age.
- The punishment of convicts who have completed 65 years of age who cannot survive alone in prison due to a severe illness, disability or husband they are exposed to will be executed under probation measure, provided that they are documented by a medical board report from the state hospital to be determined by the Ministry of Justice.
- Until the age of 15, juvenile convicts who committed a crime until 30 March 2020 stayed in prison for 1 day, 3 days; 1 day until he turns 18 will count as 2 days.
- Convicts in open penal institutions for the Covid-19 epidemic and convicted probation officers will be considered on leave until 31 May 2020. This period may be extended three times by the Ministry of Justice, with the recommendation of the Ministry of Health, for two months each.
- With the exception of terrorism and organized crime, due to changes in the execution system, some of the well-off convicts in closed penal execution institutions will be allowed to be transferred to the open penal execution institutions.
Extending the Scope of Special Execution Procedures
- The scope of current practice regarding the execution of prison sentences over the weekend, at night or in the residence will be expanded. The 6-month limit in this procedure will be increased to 1 year and 6 months for deliberate crimes and to 3 years for negligent crimes, except for causing death.
- The penalty limit for the execution procedure in the residence foreseen for women and the elderly will be increased and children will be included in this method.
- In this context, the limit of execution in the house; It will be determined as 1 year for women, children and male convicts who have completed 65 years of age, 2 years for convicts who have completed the age of 70, and 4 years for convicts who have completed the age of 75.
- Special execution procedures will not be applicable for some crimes. Patients or disabled convicts sentenced to 5 years or less will be able to execute their sentences in their homes, depending on the Forensic Medicine Institute report.
- Women convicts who have just given birth and are sentenced to a total of 3 years or less will be able to execute their sentences at home. The punishment of pregnant women can be postponed for 1.5 years.
Good conduct Assessment of Convicts
- Good conduct assessment of convicts will be carried out at all stages of execution and every 6 months.
- Changes to good conduct will be implemented from 1 January 2021.
- In mandatory and very urgent cases, the authority of the Chief Public Prosecutor’s Office to suspend the execution of the prison sentence for 6 months will be increased to 1 year.
- In case of permanent illness or disability of the spouses or children of convicts the execution can be interrupted.
- The scope of the reward opportunity to be given to juvenile convicts will be expanded.
- The convicts’ right to accept gifts will be expanded. In terms of children and convicts who have completed the age of 65 and female convicts with children, the opportunity to receive gifts outside the specified time period will be provided.
- The right of 3-day excuse leave for the convicts in the open penal execution institution will be increased to 7 days.
- In case of epidemic, convicts in open and closed penal institutions will be able to immediately benefit from the telephone and fax devices of the institution.
- The convicts will be allowed to work in the business areas of public institutions and organizations at night, if they are hosted by these institutions and organizations. This will allow the convict to be released into probation earlier during his employment.
Fighting Against Crimes
- The deliberate act of injury with a monstrous feeling motive has been included in the qualifications and the maximum punishment to be imposed in the case of the crime being committed in this way has been increased to 18 years.
- In smuggling crimes, the reason for the low value of the goods will be accepted as a reason for reduction and effective regret will be provided for the prosecution phase.
- In the case of smuggling crimes, if the value of the goods is “light” or “very light”, proportional discount will be made from the penalty.
- Effective remorse for the prosecution phase will also bring a certain reduction in the penalty if the smuggled property pays twice the value of the goods to the state treasury.
- The tasks related to the follow-up of some measures related to judicial control, such as the ban on going abroad, will be removed from the duties of the probation directorate.