8th Judicial Package passed by the Grand National Assembly of Turkey

The Bill on Amendments to the Criminal Procedure Code and Certain Laws and Decree-Law No. 659, publicly known as the "8th Judicial Package," has been accepted by the General Assembly of the Grand National Assembly of Turkey (TBMM) and has become law.

According to the law, since the deadlines for legal remedies in the Enforcement and Bankruptcy Law are determined in weeks, a regulation is being made in consideration of similar provisions in the Code of Civil Procedure to ensure compliance. If a deadline is set in weeks, it will expire on the corresponding day of the final week.

In order to ensure the more effective use of the right to seek justice, a regulation is being introduced to align the Enforcement and Bankruptcy Law with the Code of Civil Procedure regarding applications for legal remedies. Debtors and creditors who have filed objections during the confirmation hearing may appeal against the confirmation or rejection decision within 2 weeks from the date of notification, and may further appeal to the Court of Cassation against the decision rendered upon the appeal review within 2 weeks from the date of notification.

Under the Enforcement and Bankruptcy Law, a regulation is being made regarding the deadline for filing an appeal against final decisions rendered by the civil chambers of the regional courts of justice. Appeals against these decisions may be filed within 2 weeks from the date of notification, and the appeal process and review will be conducted in accordance with the provisions of the Code of Civil Procedure.

These regulations will enter into force on June 1, 2024.

CRITERION OF PROTECTION OF PERSONALITY OR ASSETS

The provision of the Anti-Terror Law regarding "terrorist organizations" is being harmonized with the amendment made to the Turkish Penal Code.

The law provides for amendments to the Turkish Civil Code in line with a Constitutional Court ruling. The institution of restriction due to a custodial sentence is being modified, and being in a penal institution is no longer a direct cause for restriction. Based on the principle that adults have the capacity to act, their will is prioritized; while the restriction of a convict serving a final prison sentence is left to their own request, the restriction of a convict serving a total of 5 years or more of a final prison sentence is now tied to the criterion of protecting their personality or assets, granting discretionary power to the guardianship authority in this regard.

Accordingly, an adult individual in a penal institution for the execution of a finalized prison sentence will be placed under legal guardianship or have a trustee appointed upon their request. An adult individual in a penal institution for the execution of a finalized prison sentence of 5 years or more in total may be placed under guardianship if deemed necessary for the protection of their personality or assets, even without their request. The authority responsible for executing the sentence will immediately notify the guardianship authority that the execution of the prison sentence has begun. The guardianship authority will hear the convict before making a decision. The provisions of the Law regarding trusteeship will also apply to this regulation to the extent that they are compatible with its nature.

In accordance with the Constitutional Court's ruling, the amendment made to the Turkish Civil Code allows for the provisions under the "procedure" section of the law to be invoked to obtain the official health board report required to decide on guardianship due to mental illness or mental weakness.

TERMINATION OF GUARDIANSHIP

In the context of the Constitutional Court's ruling, the amendment made to the Turkish Civil Code allows for the collection of blood or similar biological samples, as well as hair, saliva, and nail samples from a person's body to ensure the acquisition of an official health board report.

Necessary medical interventions may be performed on the individual, and if required, the person may be placed in a healthcare facility for a maximum of 20 days based on a preliminary physician's report. The placement decision made upon the preliminary physician's report will be immediately notified to the individual and their relatives. The individual or their relatives may object to this decision to the supervisory authority within 10 days of notification. The objection will not stay the execution of the decision. The objection will be resolved urgently by the supervisory authority.

According to the law, in line with the Constitutional Court's ruling, the circumstances under which guardianship may be terminated during the continuation of imprisonment are regulated.

Accordingly, guardianship over a person restricted due to a conviction resulting in a custodial sentence will automatically cease upon the lawful termination of the imprisonment. During the continuation of imprisonment, the termination of guardianship will be possible upon the person's request for restriction decisions based on the execution of a total prison sentence of less than 5 years, and upon the person's request for restriction decisions based on the execution of a total finalized prison sentence of 5 years or more, provided that the reason for the protection of their personality or assets has ceased to exist.

COMMITTING A CRIME ON BEHALF OF AN ORGANIZATION

With the amendment made to the Turkish Penal Code under the law, the lower limit of the daily judicial fine is being increased from 20 liras to 100 liras, and the upper limit from 100 liras to 500 liras, in order to combat crime more effectively and ensure deterrence. This regulation will enter into force on June 1, 2024.

With the amendment made to the Turkish Penal Code in consideration of the Constitutional Court's grounds for annulment, the act of committing a crime on behalf of an organization without being a member of that organization is being regulated as a separate offense. Accordingly, a person who commits a crime on behalf of an organization without being a member will be sentenced to an additional prison term of 2 years and 6 months to 6 years. Depending on the nature of the crime committed, the sentence may be reduced by up to half. This provision will only apply to armed organizations.

A person who commits a crime on behalf of an organization will be punished separately for both the crime they committed and the offense of committing a crime on behalf of an organization.

Regarding crimes committed against state security and the constitutional order, a person who commits a crime on behalf of an organization without being a member of an armed organization will be sentenced to an additional 5 to 10 years in prison. Depending on the nature of the crime committed, the sentence may be reduced by up to half.

Regulations will be made in the Turkish Penal Code (TCK) through the Law on Amendments to the Criminal Procedure Code and Certain Laws and Decree-Law No. 659, which was accepted by the Grand National Assembly of Turkey. Accordingly, regarding "crimes against the security of the state and crimes against the constitutional order and the functioning of this order" as specified in the TCK, a person who commits a crime on behalf of an organization without being a member of an armed organization will be sentenced to an additional 5 to 10 years in prison. Depending on the nature of the crime committed, the sentence may be reduced by up to half.

With the amendment made to the Criminal Procedure Code under the law, the scope of compensation claims due to protective measures is being expanded. According to the regulation, individuals who are not provided with the legal remedies foreseen in the law against judicial control procedures, in addition to apprehension and arrest procedures, will be able to file for compensation.

The law allows those who have been subject to judicial control obligations—including not leaving their residence or being subject to treatment or examination measures such as hospitalization to detoxify from drugs, stimulants, volatile substances, or alcohol—and who are subsequently cleared of charges or acquitted, to file for compensation.

Compensation claims due to protective measures are intended to be made to the established Compensation Commission, and the aim is to conclude these claims rapidly through administrative application. Thus, it will be ensured that decisions regarding compensation claims that do not require a trial are made in a short time. These provisions will enter into force on June 1, 2024.

DEFERRAL OF THE PRONOUNCEMENT OF THE VERDICT

According to the law, within the scope of the pronouncement of the verdict and the deferral of the pronouncement of the verdict in the Criminal Procedure Code, if the sentence imposed at the end of the trial for the crime charged against the defendant is imprisonment of 2 years or less or a judicial fine, the court may decide to defer the pronouncement of the verdict. Provisions regarding reconciliation shall remain reserved. The deferral of the pronouncement of the verdict shall mean that the established verdict does not produce any legal consequences for the defendant, excluding provisions regarding confiscation.

In order for a decision to defer the pronouncement of the verdict to be made, the defendant must not have been previously convicted of an intentional crime, the court must reach a conviction that the defendant will not commit a crime again by considering the defendant's personality traits and their attitude and behavior during the hearing, and the damage suffered by the victim or the public due to the commission of the crime must be fully compensated by restitution, restoration to the state before the crime, or indemnification.

In the event of a deferral of the pronouncement of the verdict, the defendant shall be subject to a probation period of 5 years. During the probation period, a decision to defer the pronouncement of the verdict cannot be made again for the person due to an intentional crime. During this period, for a duration to be determined by the court not exceeding 1 year, it may be decided that the defendant, as a probation measure, attend an education program to ensure they acquire a profession or trade, work in a public institution or under the supervision of another person practicing the same profession or trade for a fee, be prohibited from going to certain places, be obligated to attend certain places, or fulfill another obligation to be deemed appropriate. The statute of limitations for the case shall be suspended during the probation period.

If the condition that the damage suffered by the victim or the public due to the commission of the crime be fully compensated by restitution, restoration to the state before the crime, or indemnification is not met immediately, a decision to defer the pronouncement of the verdict may also be made on the condition that the damage caused to the victim or the public is fully compensated by the defendant in monthly installments during the probation period.

If no new intentional crime is committed during the probation period and the obligations regarding the probation measure are complied with, the deferred verdict shall be annulled and a decision shall be made to dismiss the case.

In the event that a new intentional crime is committed during the probation period or the obligations regarding the probation measure are violated, the court shall pronounce the verdict. The court may evaluate the situation of the defendant who could not fulfill the obligations imposed on them and decide that a portion of the sentence, to be determined up to half, shall not be executed, or that the prison sentence in the verdict be suspended or converted into alternative sanctions. The pronounced or newly established verdict may be appealed.

APPEAL PATH AGAINST THE DEFERRAL OF THE PRONOUNCEMENT OF THE VERDICT

Without prejudice to provisions stated as final in the laws, an appeal may be filed against the decision to defer the announcement of the verdict.

If the decision to defer the announcement of the verdict is rendered by a regional court of justice or the Court of Cassation acting as a court of first instance, an appeal to the Court of Cassation may be filed. Decisions and judgments will be reviewed in terms of procedural and substantive legal violations during the appeal and cassation processes.

The decision to defer the announcement of the verdict will be recorded in a special system. These records may only be used if requested by a public prosecutor, judge, or court in connection with an investigation or prosecution.

The provisions regarding the deferral of the announcement of the verdict will not be applied to crimes covered by the revolution laws protected under the Constitution.

With the amendment made regarding the simple trial procedure, upon an objection, the file will be sent by the court that rendered the verdict to the criminal court of first instance determined according to distribution criteria if there is more than one criminal court of first instance in that location, and this court will open a hearing and continue the trial according to general provisions.

In places where there is only one criminal court of first instance, if there is another authorized judge in the same court, the hearing will be opened by this judge; otherwise, it will be opened by a judge assigned by the president of the judicial commission of the first instance court, and the trial will continue according to general provisions. The hearing will be held even if the parties do not attend, and a verdict may be rendered in their absence.

This matter will be written in the summons sent to the parties. If the objection is withdrawn before the hearing, the hearing will not be held and the objection will be considered as not having been made.

If the verdict rendered upon objection is in favor of the defendant, and if these matters can be applied to other defendants who did not object, these defendants will also benefit from the decisions rendered as if they had objected.

If the court determines that an objection was not filed in a timely manner or was filed by a party without the right to appeal, the file will be sent to the authority authorized to review the objection. The authority will conduct its review based on these grounds and send its decision to the court for implementation. These provisions will enter into force on June 1.

CHANGES TO APPELLATE REQUESTS AND DEADLINES

With the amendment made to the Criminal Procedure Code to harmonize appellate and cassation application periods, an appellate request can now be made within 2 weeks from the date the verdict is served along with its reasoning.

Public prosecutors at high criminal courts may file an appeal against the rulings of courts of first instance within their jurisdiction within 2 weeks from the date the decision reaches the local Chief Public Prosecutor's Office.

The public prosecutor shall specify the grounds for the appeal in their written request, and these requests shall be served to the relevant parties. The relevant parties may submit their responses regarding this matter within 2 weeks from the date of service.

CASSATION REQUEST AND DEADLINE

A request for cassation shall be made within 2 weeks from the date the verdict is served along with its reasoning, either by submitting a petition to the court that rendered the verdict or by making a statement to the court clerk. The statement shall be recorded in the minutes and the minutes shall be approved by the judge.

The appellant must indicate in their application why they want the verdict to be overturned. The public prosecutor shall also clearly state whether the cassation request is in favor of or against the defendant. This provision will also enter into force on June 1.

Claims for non-pecuniary damages based on the allegation that trials were not concluded within a reasonable time will be decided by the Compensation Commission.

Transitional provisions are being established to prevent hesitation in practice regarding the determination of when the regulations made in the Criminal Procedure Code, as part of the Law on Amendments to the Criminal Procedure Code and Certain Laws and Decree Law No. 659 accepted by the Grand National Assembly of Turkey, will enter into force.

Accordingly, the amendment regarding the time limit for the institution of restitution will be applied to obstacles removed on or after June 1, 2024. For obstacles removed before this date, the provisions prior to the amendment will continue to be applied.

Amendments regarding the objection period for decisions of non-prosecution, the methods and periods for applying to legal remedies, the commencement of these periods upon notification, and response periods will be applied to decisions rendered on or after June 1, 2024. For decisions rendered before this date, the provisions prior to the amendment will continue to be applied.

Since it is accepted that the amendments made to ensure that the periods for applying to legal remedies begin from the date of notification of the reasoned decision will be applied to decisions rendered on or after June 1, 2024, the repealed provisions will continue to be applied for decisions rendered before this date.

Amendments regarding the appeal period, the commencement of this period upon notification of the decision, and the response period will also be applied to decisions rendered on or after June 1, 2024, which fall under the relevant article of the Law on the Enforcement and Application of the Criminal Procedure Code.

The amendments regarding legal remedies envisaged by the law will be applied to decisions on the deferment of the announcement of the verdict rendered on or after June 1, 2024. Accordingly, it will be possible to appeal against decisions on the deferment of the announcement of the verdict. Regulations regarding the ability to object to the announced or newly established verdict concerning decisions on the deferment of the announcement of the verdict can only be applied to decisions on the deferment of the announcement of the verdict rendered on or after June 1, 2024. For such decisions rendered before this date, the provisions regarding legal remedies prior to the amendment will be applied.

For decisions on the deferment of the announcement of the verdict rendered before June 1, 2024, the objection procedure may be used, and these objections will be concluded according to the provisions prior to the amendment.

Regarding decisions on the deferment of the announcement of the verdict that have not undergone appellate review, if the verdict is announced or re-established due to the intentional commission of a new crime within the probation period or failure to comply with the obligations related to probation measures, the legal remedy to which the announced or newly established verdict is subject will be preserved.

The court will be able to decide on the deferment of the announcement of the verdict even if the defendant does not consent, provided that the conditions are met; however, for decisions on the deferment of the announcement of the verdict rendered before June 1, 2024, the requirement for the defendant's consent will continue to be sought.

COMPENSATION COMMISSION TO DECIDE ON NON-PECUNIARY DAMAGE CLAIMS

With the law, the title of the Law on the Resolution of Certain Applications Made to the European Court of Human Rights by Way of Compensation is being changed to the "Law on the Duties, Working Procedures, and Principles of the Compensation Commission."

Applications for non-pecuniary damages based on the claim that investigations and prosecutions within the scope of criminal law, as well as proceedings within the scope of private law and administrative law, were not concluded within a reasonable time, and for the compensation of all kinds of pecuniary and non-pecuniary damages arising from protection measures in accordance with the Criminal Procedure Code, will be made to the Commission.

In evaluating the application and supporting documents and determining the amount of compensation to be awarded, the Commission will be authorized to conduct necessary investigations, have one of its members conduct them, or request expert examinations from the offices of the public prosecutor.

The expenses of the Commission will be covered by the Ministry's budget.

Applications to the Commission may also be made electronically.

Regulations are also being introduced regarding the form and duration of applications to be made on the grounds that trials are not concluded within a reasonable time. In this context, applications to the Commission shall be made during the investigation, prosecution, or trial process, or at the latest within one month from the date the applicant learns that these processes have been concluded with a final decision. Those who cannot apply within the time limit due to a valid excuse may apply within 15 days from the date the excuse is removed, along with evidence documenting their excuse.

It will be mandatory for the applicant to include their full identity and address, the nature and quantity of the transaction that caused the damage, and the damage itself, and to attach supporting documents to their petition.

In the event that the information and documents in the petition are insufficient, the Commission will notify the relevant party to remedy the deficiency within one month, stating that otherwise, the request will be rejected. If the deficiency in the petition is not completed within the specified time, the application will be rejected by the Commission.

Procedures and principles regarding compensation claims due to protective measures are also being established.

Applications to the Commission shall be made within 3 months from the notification of the final decision or judgment to the relevant party, and in any case, within one year following the date the decision or judgment becomes final.

Requests made to the Commission that fall under the jurisdiction of the heavy penal court will be forwarded to the heavy penal court. If requests that fall within and outside the Commission's jurisdiction are made together, the Commission will separate the requests that do not fall within its jurisdiction and send them to the heavy penal court. In these cases, the date of the request made to the Commission will be taken as the basis. In the event of a dispute regarding jurisdiction between the Commission and the heavy penal court, the heavy penal court or the Commission shall apply to the Ankara Regional Court of Justice for a final decision to determine the cases falling under the Commission's jurisdiction.

The relevant provisions of the Criminal Procedure Code will be applied in the evaluation to be made by the Commission regarding compensation claims and the recovery of compensation. Regarding compensation awarded by the Commission, written requests by the public prosecutor for the recovery of compensation in accordance with the Criminal Procedure Code shall be made to the Commission.

The Commission, which will make a decision on the applications within 9 months, will also issue reasoned decisions regarding the applications by taking into account the precedent decisions of the Constitutional Court and the European Court of Human Rights.

The Commission will be able to make decisions by consolidating similar applications, taking procedural economy into account.

The amount of the holiday bonus for retirees will be increased from 2,000 Turkish Liras to 3,000 Turkish Liras.

With the law accepted by the TBMM General Assembly on Amendments to the Criminal Procedure Code and Certain Laws and Decree-Law No. 659, in cases where investigations and prosecutions within the scope of criminal law, as well as proceedings within the scope of private and administrative law, are not concluded within a reasonable time, the file will be reviewed by the Compensation Commission upon application within the specified period by those whose individual applications to the Constitutional Court were deemed inadmissible on the grounds that domestic remedies were not exhausted, or those whose cases were dismissed on the grounds that there was no justification to continue the examination.

Applications deemed inadmissible by the Constitutional Court or those made directly to the European Court of Human Rights as of October 10, 2023, on the grounds that domestic remedies have not been exhausted, will be reviewed by the Commission upon application within 3 months from the date of notification.

On the other hand, considering the workload of the Commission, the Minister of Justice may appoint members to form additional panels within the Commission. These members will not be included in the total number of Commission members. This provision will be applied for a period of 3 years from the date the regulation enters into force. The Minister of Justice may extend this period for another 2 years.

CONDITIONS FOR PROCESSING SPECIAL CATEGORIES OF PERSONAL DATA

With the law, the conditions for processing special categories of personal data are being reorganized, taking into account current needs and the European Union General Data Protection Regulation (GDPR).

While the provision stating that the processing of special categories of personal data is prohibited is maintained by the law, the circumstances under which special categories of personal data may be processed are also listed.

The processing of this data will be possible in cases such as the explicit consent of the data subject, where it is clearly stipulated by law, where it is necessary for the protection of the life or physical integrity of the person or another person who is unable to express their consent or whose consent is not legally valid, where it relates to personal data made public by the data subject and is in accordance with the intent of making it public, where it is necessary for the establishment, exercise, or protection of a right, where it is necessary for the protection of public health, preventive medicine, medical diagnosis, treatment and care services, and the planning, management, and financing of health services by persons under a duty of confidentiality or authorized institutions, or where it is necessary for the fulfillment of legal obligations in the fields of employment, occupational health and safety, social security, social services, and social assistance.

TRANSFER OF PERSONAL DATA ABROAD

The procedure for transferring personal data abroad is also being reorganized by the law.

Personal data may be transferred abroad by data controllers and data processors if one of the conditions for processing personal data or special categories of personal data exists, and if there is an adequacy decision regarding the country, international organization, or sectors within the country to which the transfer will be made.

The adequacy decision will be issued by the Personal Data Protection Board. The Board will seek the opinions of relevant institutions and organizations if necessary. The adequacy decision will be reviewed at least every 4 years. The Board may change, suspend, or revoke the adequacy decision prospectively as a result of the review or in other cases it deems necessary.

The regulation also includes the matters to be considered when issuing an adequacy decision. These matters are listed as: "the reciprocity status regarding personal data transfer between Turkey and the country, sectors within the country, or international organizations to which personal data will be transferred," "the relevant legislation and practice of the country to which personal data will be transferred and the rules to which the international organization to which personal data will be transferred is subject," "the existence of an independent and effective data protection authority in the country to which personal data will be transferred or to which the international organization is subject, and the availability of administrative and judicial remedies," "the status of the country or international organization to which personal data will be transferred as a party to international conventions or a member of international organizations regarding the protection of personal data," "the status of the country or international organization to which personal data will be transferred as a member of global or regional organizations of which Turkey is a member," and "international conventions to which Turkey is a party."

In the absence of an adequacy decision, personal data may be transferred abroad if one of the conditions for processing personal data or special categories of personal data exists, if the data subject has the opportunity to exercise their rights and apply for effective legal remedies in the country to which the transfer will be made, and if one of the safeguards specified in the regulation is provided by the parties.

The standard contract shall be notified to the Personal Data Protection Authority by the data controller or data processor within 5 business days from its signing. Administrative fines ranging from 50,000 Turkish Liras to 1 million Turkish Liras will be imposed on those who fail to fulfill the notification obligation.

Considering the nature of the administrative sanction decisions issued by the Board, the opportunity to file lawsuits against these decisions in administrative courts is being granted. As of June 1, 2024, files that have been previously opened and are currently pending before the criminal judgeships of peace will be finalized by these judgeships.

In order to enable the Personal Data Protection Board to prepare the general regulatory procedures envisaged by the law, the effective date of the amendments is set for June 1, 2024.

INCREASE IN THE LOWER AND UPPER LIMITS OF JUDICIAL FINES

With the law, the time limits for applying for legal remedies are determined in weeks or months, and it is accepted that these periods will begin upon the notification of the decision. Harmonization regulations are being made in certain articles of the Enforcement and Bankruptcy Law, the Execution Judgeship Law, the Criminal Procedure Code, the Misdemeanors Law, the Child Protection Law, the Code of Civil Procedure, and the Law on the Protection of Consumers.

With the regulation, the amount of the judicial fine corresponding to one day is being increased, and accordingly, the monetary limits contained in the provisions for set-off, advance payment, and application for the appellate legal remedy are being changed.

Accordingly, the lower limit for judicial fines is set at 2,500 Turkish Liras, and the upper limit is set at 500,000 Turkish Liras. In determining the prison sentence duration in the event that a judicial fine converted from a heavy fine is not paid, 500 Turkish Liras will be taken as the basis for one day.

The finality limit for decisions rendered by criminal judgeships of peace upon application against administrative fines is being increased from 3,000 Turkish Liras to 15,000 Turkish Liras.

TIME LIMITS ARE BEING UNIFORMED

To ensure the rapid and effective compensation for the destruction caused by the February 6 earthquakes, locations suitable for industrial zones are determined by the Ministry of Industry and Technology, taking into account criteria such as distance to fault lines, soil suitability, and proximity to residential centers, while seeking the opinions of relevant institutions based on the status of the area. The reconstruction or reinforcement of industrial workplaces owned by individuals that were destroyed or rendered unusable due to the earthquakes is carried out by the Ministry of Industry and Technology through a debt-based system. Up to the entirety of the infrastructure and superstructure construction of industrial sites that are in the investment program or subsequently included in the program, including architectural and engineering services, is supported by the Ministry of Industry and Technology through loans until the project is completed.

In this context, the law will extend the duration of support and practices aimed at strengthening industrial infrastructure in the earthquake zone by one more year.

The amount of the holiday bonus for retirees will be increased. Accordingly, the holiday bonus, which was paid as 2,000 Turkish Liras for both Ramadan and Eid al-Adha, provided that the individual receives an income or pension in the month of the holiday, will be raised to 3,000 Turkish Liras.

The regulation also introduces changes to standardize the application periods for legal remedies and ensures that these periods begin from the date of notification. To prevent hesitation in practice, a transitional provision is introduced, and it is accepted that the changes made in the relevant laws will be valid for decisions rendered on or after June 1, 2024. Thus, it is aimed to prevent the loss of rights and to eliminate potential hesitations in practice.

Following the enactment of the proposal, Deputy Speaker of the Grand National Assembly of Turkey Bekir Bozdağ adjourned the session to reconvene on Tuesday, April 2, 2024, at 15:00.

In accordance with a previously taken decision, the General Assembly of the Grand National Assembly of Turkey will not convene on March 5, 6, 7, 12, 13, and 14, 2024. The General Assembly will suspend its work for 10 days starting from March 19, 2024.