12th Judicial Package on its way to Parliament: Execution system and title deed transactions may change

Work on the AKP's new judicial package is ongoing; the package is expected to be submitted to the Grand National Assembly of Turkey (TBMM) after the month of Ramadan. Proposed regulations likely to come to the agenda include changes to execution periods and reducing prison overcrowding.

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As political circles in Ankara buzz with activity regarding the upcoming 12th Judicial Package, it is reported that draft preparations are nearing completion. The AKP aims to finalize its technical preparations by the end of Ramadan, with the goal of bringing the package to Parliament. According to a report by Cumhuriyet, government circles are continuing discussions with expert teams to expand the scope of current efforts. The opposition, however, is concerned that the proposed regulations will remain at the level of "limited and piecemeal interventions" rather than being a comprehensive and fundamental step.

One of the most discussed topics is new measures for the penal execution system. Methods to reduce overcrowding in prisons are on the table. At this point, the most frequently mentioned option is extending the probation period. It is being evaluated that this period, which is currently applied as 1 year for many types of crimes, could be increased to 2 or 3 years. The goal is to both alleviate the burden on closed and open prisons and to speed up release processes. A similar model was implemented in past years, with changes made to execution periods in 2012 and 2020 to relieve prison capacity.

In political circles, there is also talk that the execution regulation specifically enacted for the pandemic in the past could be expanded again in a limited manner. It is likely that the current practice, which ended on December 25, will be brought back to the agenda, especially for inmates who moved to open prisons after July 31, 2023, and for certain groups that were previously excluded from the scope.

NEW CONDITIONS FOR HOME CONFINEMENT

Another important issue expected to be included in the package is the possibility of expanding the home confinement application. New regulations are on the agenda for the execution of sentences at home, particularly for sick, elderly (over 70) inmates, and women with young children. The importance of this step is emphasized in terms of providing more protected conditions for vulnerable groups in prisons.

TOUGHER SANCTIONS FOR JUVENILE CRIME

Another topic on the agenda is regulations aimed at increasing criminal sanctions for children driven to crime. According to sources from the Ministry of Justice, the goal is to increase penalties to prevent criminal organizations from dragging children into illegal activities and to reintegrate these children into society. Officials also state that these children should benefit more effectively from relevant social support and rehabilitation practices.

MANDATORY LEGAL REPRESENTATION FOR TITLE DEED TRANSACTIONS

Another notable article in the package planned to be submitted to Parliament is the requirement for legal representation in title deed transactions. It is planned that transactions will be conducted with the assistance of a lawyer, especially for real estate sales and purchases above a certain amount. In this way, it is aimed to protect property owners and buyers against potential fraud and to secure the legal aspects of the transactions.

OFFICIAL PROPOSAL ON THE WAY

At this stage, all these topics on the agenda are in the proposal and evaluation phase. Although there is no legislative proposal officially submitted to Parliament yet, final evaluations are being made in the AKP's technical commissions. Work is ongoing for the package to come to the TBMM agenda and be enacted after the month of Ramadan.