Notable provisions in the 12th Judicial Package: Sentences for public officials convicted of mistreatment will not be deferred

The 12th Judicial Package, which is being worked on by AKP officials and is expected to be submitted to the Grand National Assembly of Turkey (TBMM), includes various regulations concerning different segments of society. While a simplification process is underway for the draft, which consists of approximately 60 articles, it is planned that some articles deemed likely to cause controversy during deliberations will be left for future packages. For this reason, it is stated that the regulation will consist of approximately 25 articles, and the goal is to submit it to the Speaker of the Parliament after the work is completed next week.

PROMINENT PROVISIONS IN THE PACKAGE

According to the report by Haberler.com Ankara Representative Şerife Güzel; one of the regulations in the draft concerns public officials who mistreat citizens. Under current practice, public personnel who receive sentences of up to 2 years for these crimes can benefit from the deferral of the announcement of the verdict (HAGB) application under Article 231 of the Criminal Procedure Code, and the sentence could be deferred under certain conditions.

However, the Constitutional Court annulled the regulation in question on July 10, 2025, and granted the TBMM a 9-month period to enact a new legal regulation.

CHANGE REGARDING PUBLIC OFFICIALS

The package prepared by the AKP is expected to include a regulation that will comply with the Constitutional Court's annulment decision. Accordingly, it is planned to exclude sentences of up to 2 years received by public officials for crimes such as mistreatment from the scope of the deferral of the announcement of the verdict.

If the regulation is enacted, public officials convicted of such crimes will not be able to benefit from the HAGB application.

UPPER LIMIT ON HEARING DURATIONS

The draft also includes an article aimed at concluding trials in a shorter time. Except for exceptional cases such as waiting for information or documents from abroad, it is envisioned that the interval between hearings will be a maximum of 3 months.

AUCTION SYSTEM IN INHERITANCE DISTRIBUTION IS CHANGING

Another regulation in the package concerns sales made within the scope of lawsuits for the dissolution of partnership. It is planned to introduce new rules for sales processes carried out as a result of lawsuits filed when an agreement cannot be reached in the distribution of real estate subject to joint ownership through inheritance or other means.

In current practice, auctions for real estate put up for sale through the dissolution of partnership are held openly to everyone over the internet. It is stated that this situation leads to disputes among heirs in some regions and that complaints have been filed regarding the issue.

According to the prepared regulation, the first auction to be held for the real estate put up for sale will be open only to the participation of the heirs. If the sale does not take place in the first auction, the second auction will be opened to all participants.

On the other hand, it is also envisioned that heirs, who can participate in the auction without depositing a security deposit in the current system, will be required to provide a security deposit to participate in the auction in the new period.

REGULATION REGARDING ASSETS OF INDIVIDUALS UNDER GUARDIANSHIP

The 12th Judicial Package also includes changes regarding the sale of assets belonging to individuals under guardianship. With the regulation, it is planned that the sales of movable and immovable properties belonging to these individuals will be conducted over the internet and openly to everyone.

Thus, it is aimed to increase competition in sales processes and to carry out auctions with broader participation.

News Source: 12punto