Execution package in Parliament! Here are the details of the 30-article regulation

The "Execution Law," which was expected to be completed and enacted in Parliament before the Eid al-Adha holiday, dashed the hopes of more than 400,000 prisoners and millions of their relatives after the AKP-DEM Party meeting, with the announcement that "changes were left to the autumn," except for certain articles.

EXECUTION PACKAGE IN PARLIAMENT

The AKP, which is known to have made changes to some articles following the DEM Party meeting, submitted the regulation that will lead to changes in the execution law to the Grand National Assembly of Turkey (TBMM) General Assembly today.

AKP Group Chairman Abdullah Güler announced the details of the proposal.

Sharing the details regarding the execution regulation during a live broadcast he attended, AK Party Group Chairman Abdullah Güler said, "It will be referred to our Justice Commission. The planning of the commission's work will be done in the coming days. As the AK Party, we have implemented many reform-oriented regulations since 2002. In this context, we have submitted the 'Draft Law on Amendments to the Law on the Execution of Penal and Security Measures and Certain Other Laws.' We will continue in the coming days in line with the 4th Judicial Reform Strategy Document announced by our President on January 23, 2025.

With this draft law, along with regulations that directly touch human life, we want to strengthen good conduct, especially regarding prisoner rehabilitation, and support the observation process regarding the prisoner's compliance with disciplinary rules, vocational training, and conditional release. We are introducing changes and regulations in 9 different laws. It consists of 30 articles. We aim to prevent the commission of crimes, implement deterrence, regulate traffic, and strengthen social peace. We want to ensure that convicts spend 1/10th of the time they must spend in a penal institution to benefit from the 1-year probation period. We aim to increase the effectiveness of the punishment. We do not foresee any changes regarding the 1-year probation period.

"WE ARE INCREASING THE DURATION OF HOME CONFINEMENT FROM 1 YEAR TO 3 YEARS"

In cases where the sentence is low, we foresee that for sentences under 2 years, at least 1/10th of the sentence must be spent in a penal institution, not less than 5 days, within the 1-year probation period. We are allowing repeat offenders to benefit from conditional release. In order to prevent convicts who have recidivism provisions applied to them for the second time from committing crimes again, we foresee them benefiting from conditional release with a 3/4 good conduct status. There are 19,800 such prisoners. In our proposal, we are expanding the scope of special execution procedures in favor of children and women. Regarding home confinement; we are increasing this period from 1 year to 3 years for women, children, or those who have completed the age of 65. We are allowing home confinement for a 6-year prison sentence for those who have completed the age of 80. We are introducing home confinement conditions for prisoners, excluding those with aggravated illnesses, to carry out health and treatment processes in more humane conditions according to the forensic medicine report.

"WE FORESEE INCREASING PENALTIES FOR INTENTIONAL INJURY AND THREAT CRIMES"

We aim to start the execution of child convicts in closed juvenile penal institutions and send well-behaved children to juvenile training centers with a positive report. We are expanding this issue with different training models within training centers for children involved in different murder incidents in metropolitan cities, so that they are more protected and do not commit crimes again. We have proposed increasing penalties to ensure the life and property security of individuals. We aim to ensure crime and punishment justice, public order, and correct the perception of impunity. When the 'teşekküs' (organized) application is used, less reduction is provided. We foresee increasing penalties for intentional injury and threat crimes. Penalties for firearms in residential areas are increasing. We foresee increasing the penalty if it is committed in public areas such as weddings and engagements.

"WE ARE MAKING SOME REGULATIONS IN THE INTERNET LAW"

We are increasing the penalty for driving under the influence of alcohol and drugs. There are studies against the gaps and hesitations that the cancellation decision given by the Constitutional Court (AYM) will create. We are re-regulating the disciplinary penalties to be applied to notaries within the scope of the AYM. We are proposing within the framework of the conditions sought by the AYM regarding the labor law and contract to be applied to our workers in companies operating abroad. We are making some regulations in the internet law."

THE ARTICLES ARE AS FOLLOWS;

ARTICLE 1:

An amendment is being made to the additional Article 1 of the Enforcement and Bankruptcy Law No. 2004; the date to be taken as a basis for appeal and supreme court limits is determined as the date the lawsuit was filed or the complaint application was made, instead of the judgment date. This change is being made in line with the cancellation by the Constitutional Court.

ARTICLE 2:

Article 125 of the Notary Law No. 1512 is being re-regulated to ensure compliance with the principles of proportionality and legal security in determining disciplinary penalties. With the new text prepared in line with the cancellation by the Constitutional Court, the act-penalty relationship is clarified.

ARTICLE 3:

Article 126 of the Notary Law has been rewritten, and the cases of indiscipline and the disciplinary penalties to be applied against them have been clearly determined. Penalties are systematically defined as warning, reprimand, fine, temporary suspension from duty, and expulsion from the profession. This article is also being regulated in line with the cancellation by the Constitutional Court.

ARTICLE 4:

Article 127 of the Notary Law is being completely renewed, and the conditions for imposing a higher or lower degree of disciplinary penalty and statute of limitations are being determined. It is foreseen that a heavier penalty will be given for repeated acts of the same nature, and a lighter penalty for positive record cases.

ARTICLE 5:

Article 157 of the Notary Law is being repealed. Due to the re-regulation of disciplinary provisions in Articles 125 and 126, this article no longer has applicability.

ARTICLE 6:

The expression "(B) clause" in Article 159 of the Notary Law has been changed to "clause (l) of the second paragraph" in accordance with the new system.

ARTICLE 7:

An amendment is being made to the Administrative Procedure Law No. 2577, and it is foreseen that the date of the lawsuit will be taken as a basis for determining the appeal and supreme court limits instead of the decision date. This regulation is also being made in line with the cancellation by the Constitutional Court.

ARTICLE 8:

In Article 35 of the Turkish Penal Code No. 5237, the lower and upper limits of fixed-term imprisonment to be given in case of attempted crime are being increased. A prison sentence of 14–21 years instead of aggravated life imprisonment, and 10–18 years instead of life imprisonment is being introduced. This regulation is proportional to the penalty increases in other articles.

ARTICLE 9:

The base penalty for the crime of intentional injury is being increased, starting from 1 year and 6 months. The lower limit is being raised for acts that can be resolved with simple medical intervention and if committed against a woman.

ARTICLE 10:

Penalty limits are being raised for crimes of injury aggravated by their consequences; lower limits are being re-regulated as 4–6 years according to the degree of damage to the victim, and 10–14 years or 14–18 years in case of death.

ARTICLE 11:

Penalties for the crime of threat are being increased to strengthen deterrence. The lower limit of imprisonment for threats against property is being increased from one month to two months, and the upper limit of the penalty for qualified threats (with a weapon, organized power, etc.) is being increased to 7 years.

ARTICLE 12:

It is foreseen to increase the penalties for acts that intentionally endanger general safety, and it has been regulated in a way that the penalty will be aggravated if this act is carried out in crowded places, including those who can fire sound and gas cartridges (blank-firing pistols), in order to fight more effectively against actions that pose a threat to public order.

ARTICLE 13:

With the amendment made to Article 179 of Law No. 5237, the penalty for the crime of endangering traffic safety is being increased. Penalties for those driving under the influence of alcohol or drugs have been aggravated, and it is aimed to increase deterrence.

ARTICLE 14:

With the amendment made to Article 223 of Law No. 5237, the acts of blocking roads and obstructing the movement of transport vehicles will be punished more effectively. Force and threat are being removed as elements of the crime, and all kinds of unlawful road blocking, vehicle stopping, kidnapping, or detention actions will be considered crimes within the scope of this article. If another crime is committed while committing the crime, the perpetrator will be punished separately for both crimes.

ARTICLE 15:

With the amendment made to Article 250 of the Criminal Procedure Code No. 5271, the case of committing the crime of intentionally endangering general safety in public areas is being removed from the scope of the summary procedure, ensuring that these qualified acts are intervened in a more serious and deterrent manner.

ARTICLE 16:

With the amendment made to Article 11 of the Execution of Sentences Law No. 5275, it is foreseen that the sentences of child convicts will first be executed in closed juvenile penal institutions and then they will be sent to juvenile training centers, providing a transition process suitable for children during the execution process.

ARTICLE 17:

With the regulation made in Article 15 of Law No. 5275, it is ensured that the sentences of child convicts begin in closed juvenile penal institutions and they transition to juvenile training centers based on the result of the good conduct evaluation. Children who receive a sentence of 3 years or less for intentional crimes, or 5 years or less for negligent crimes, will be able to stay directly in training centers. Some child detainees who meet the appropriate conditions may also be housed in training centers, but those who pose a security risk will be excluded.

ARTICLE 18:

With the amendment made to Article 105/A of the Law on the Execution of Penal and Security Measures No. 5275, it has become mandatory for convicts who want to benefit from probation to spend at least one-tenth of the time until the conditional release date in a penal institution, and it has been decreed that this period cannot be less than five days. With this regulation, it is intended to increase the deterrence of the punishment and the effectiveness of the execution by ensuring that convicts stay in prison for a certain period.

ARTICLE 19:

With the amendment made to Article 108 of Law No. 5275, the opportunity for conditional release is granted to convicts to whom recidivism provisions are applied for the second time. The conditional release rate for fixed-term imprisonment will be applied as three-quarters. The convict's ability to benefit from release depends on the good conduct evaluation to be made according to Article 89. In this evaluation; the convict's compliance with the rules, the level of fulfilling their obligations, participation in education and rehabilitation programs, and social behaviors will be taken into account.

ARTICLE 20:

With the amendment made to Article 110 of Law No. 5275, the execution limit for nights and weekends has been set as 3 years for intentional crimes and 5 years for negligent crimes. Weekend execution may also be applied on weekdays if the prison deems it appropriate. In addition, the scope of home confinement has been expanded, and convicts subject to special execution procedures have been allowed to benefit from probation. The regulation has been developed especially in favor of women and children.

ARTICLE 21:

With the amendment made to the eighth paragraph of the provisional Article 10 of Law No. 5275, compliance is ensured with the amendment to Article 108, which grants the opportunity for conditional release to convicts to whom recidivism provisions are applied for the second time.

ARTICLE 22:

With the provisional article added to Law No. 5275, it is regulated that the amendment made to Article 105/A, that is, the condition of staying in prison for at least one-tenth of the time to benefit from probation, will not be applied to crimes committed before this article enters into force.

ARTICLE 23:

With the amendment made to Article 2 of the Law on the Regulation of Publications Made on the Internet and Fighting Against Crimes Committed Through These Publications No. 5651, the definition of "removal of content" has been updated in line with the Constitutional Court decision, and it is now foreseen to be defined as the removal of content from the internet environment.

In addition, the definition of "warning method" has been clarified, and it has been regulated that in cases where the violation is understood at first glance, notification can be made directly to the content or hosting provider by the BTK or relevant persons.

ARTICLE 24:

With the amendment made to Article 8 of Law No. 5651, the concept of "removal of content" has been redefined in line with the Constitutional Court's cancellation decision and regulated as the removal of content from the internet environment.

In addition, changes are also being made to the fourth, ninth, and eleventh paragraphs of the article, taking into account the relevant justifications in the cancellation decision.

ARTICLE 25:

Article 9 of Law No. 5651, which was cancelled by the Constitutional Court, is being re-regulated in line with the cancellation decision. The opportunity to apply to the criminal judgeship of peace with the claim of violation of personal rights is granted; it is accepted that a decision to remove content and/or block access can be made within 24 hours if the violation is understood at first glance. The path of objection to the decisions is kept open, and it is made possible for the judge or authority to hear the parties.

ARTICLE 26:

With the amendment made to Article 27 of the Law on Private International Law and Procedural Law No. 5718, compliance with the Constitutional Court's cancellation decision is ensured. With the regulation, even if the law is chosen in the employment contract, it is allowed to apply the law that is more closely related to the contract at the discretion of the judge. However, the law of the place where the work is performed will be valid in matters that must be applied while the work is being performed, such as working hours, holidays, and leave.

ARTICLE 27:

With the amendment made to Article 28 of the Law on the Council of Judges and Prosecutors No. 6087, it is regulated that the time spent in the Council by those elected to Council membership from the Court of Cassation and the Council of State will not be counted as service time when they return to the high court. In addition, it is decreed that those who come from the judicial judiciary among the Council members whose term of office has expired will be appointed to the Court of Cassation, and those who come from the administrative judiciary to the Council of State, without requiring a vacant position, and if there is no vacant position, they will be placed in the first vacant position with priority. The purpose is to provide status security appropriate to the importance of the Council membership duty.

ARTICLE 28:

The additional Article 1 of the Code of Civil Procedure No. 6100 is being re-regulated in line with the Constitutional Court's cancellation decision. With the amendment, the date the lawsuit was filed will be taken as a basis instead of the date the judgment was rendered in determining the monetary limits for applying to appeal and supreme court remedies and for holding a hearing in the supreme court review. The filing date will also be taken into account in cases of amount increase through correction.

ARTICLE 29:

This is the enforcement article.

ARTICLE 30:

This is the execution article.