Sentence reduction for 'IBAN victims' in the 12th Judicial Package

The "Draft Law on Amendments to Certain Laws for the Effective and Efficient Functioning of the Judiciary," known in the public as the "12th Judicial Package," has been accepted by the TBMM Justice Committee.

The proposal, discussed in the committee chaired by AKP İstanbul Deputy Cüneyt Yüksel, was prepared to accelerate judicial proceedings, reorganize certain procedural provisions, and make changes in line with Constitutional Court rulings.

During the deliberations, Article 27 of the proposal, which concerned the Court of Cassation's (Yargıtay) power to overturn decisions on the grounds of jurisdiction and authority, was removed from the text. In return, a regulation providing for a sentence reduction for individuals referred to as "IBAN victims" was added to the proposal.

KEY REGULATIONS IN THE PACKAGE

The proposal stipulates that a written application must be made to the administration before initiating direct enforcement proceedings for monetary claims, attorney fees, and litigation costs ruled against the administration. The creditor will provide an account number for payment; the administration will be granted a one-month payment period. If payment is not made within this period, enforcement proceedings may be initiated.

A new method is also being introduced for the sale of immovable property inherited through succession. It is planned that the first auction for the purpose of liquidating the partnership will be held only among the heirs. If no buyer emerges in the first auction, the second auction will be open to everyone.

The collateral exemption for stakeholders in the liquidation of partnership through sale is being removed. For those who do not deposit the tender price on time despite submitting the highest bid, it is stipulated that the collateral will not be returned and an administrative fine of 5 percent of the bid amount will be imposed.

The way is being paved for notary documents and book copies to be sent to relevant authorities via secure electronic signature. In cases where electronic transmission is not possible, physical copies will be used; no fee other than postage and travel expenses will be charged.

The proposal also includes a four-year extension of the period envisioned for reducing the number of chambers in the Council of State (Danıştay). Accordingly, it is aimed to maintain the number of chambers in the Council of State at the current level until July 23, 2030.

The scope of case types that can be decided by a single judge in administrative and tax courts is being expanded. Regional administrative courts are also being granted the opportunity to reject an appeal application by changing the reasoning in cases where they find the outcome of the first-instance court decision legally sound but consider the reasoning incomplete or incorrect.

In line with the Constitutional Court's annulment ruling, the path to appeal at the Council of State is being opened for certain decisions where regional administrative courts overturn a first-instance court decision and issue a new ruling. However, the right to appeal will be closed for certain disputes heard by a single judge that are deemed not to require appellate review by their nature.

A requirement for a specialization certificate in medicine or dentistry or a doctoral degree in the field is being introduced for the chair and members of the Forensic Medicine Institute's specialized boards. A four-year term of office is envisioned for board chairs, members, and certain administrators.

The training and examination system for judge and prosecutor assistants is also being regulated by law. The proposal includes provisions regarding training to be conducted by the Justice Academy of Turkey, the evaluation of exams out of one hundred points, and make-up exams.

Recourse to an expert witness by judges and prosecutors on matters that can be resolved with professional legal knowledge will be considered grounds for disciplinary action. The regulation aims to limit expert testimony to areas requiring technical or special expertise.

HAGB, APPEALS, AND COMPENSATION HEADINGS

Provisions regarding the Deferment of the Announcement of the Verdict (HAGB) are also being reconsidered in line with the Constitutional Court's ruling. According to the proposal, HAGB will not be applicable to crimes such as torture, torment, and ill-treatment committed by public officials in the course of their duties, which can be considered under Article 17 of the Constitution.

With the amendment to be made in the Criminal Procedure Code, a fugitive defendant for whom a security measure has been ruled is allowed to request a retrial if they state that they wish to exercise their right to defense and are present in court.

The scope of the Yargıtay Chief Public Prosecutor's authority to object is also being expanded. Objections can be made against many decisions of criminal chambers other than those regarding the determination of jurisdiction and lack of authority. It is envisioned that the one-month objection period will be increased to three months and that the period will begin from the date the file is delivered to the Yargıtay Chief Public Prosecutor's Office.

With the amendment to be made in the Turkish Code of Obligations, interest calculation for damages arising from the reduction or loss of working capacity and compensation for loss of support is being redefined. Statutory interest will be applied from the date of the incident for the period when the earnings are known, and from the date of the decision for the period when the earnings are unknown.

The repeal of Article 107 of the Code of Civil Procedure regarding uncertain debt lawsuits was also included in the proposal. In partial lawsuits, the plaintiff will be granted the right to demand the remaining part of the claim until the investigation is concluded without having to resort to correction (ıslah).

In lawsuits subject to written trial procedure, it is envisioned that the interval between hearings should not exceed three months as a rule. In mandatory cases such as the extension of expert examination or rogatory commissions, the judge may set a longer period by stating the justification.

An exception to the requirement for a handwritten signature is being introduced for those participating in hearings via audio and video transmission, except for certain procedures. Furthermore, it is regulated that a direct appeal can be made against consolidation decisions made between courts within the same judicial district.

Article 27, which was removed from the proposal at the committee stage with an AKP motion, stipulated that first-instance court decisions could not be overturned by the Yargıtay solely on the grounds of lack of jurisdiction or authority.

The IBAN regulation added to the proposal envisions changes to the provisions of the Turkish Penal Code regarding fraud and qualified fraud crimes. Accordingly, a sentence reduction of up to half may be applied for individuals whose participation in the crime is determined to be limited to the relevant act.