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Home > Authors > Av. Turan Karakaş > What is in the ninth judicial package?

What is in the ninth judicial package?

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Published: 25.03.2024 06:00

Another judicial package is coming. The ninth judicial package. All of these numerous judicial packages have been brought to parliament in the form of omnibus bills. The omnibus bill method is actually incompatible with legal seriousness and the seriousness of lawmaking. It makes changes to 20-30 laws with a single bill. This is not how things should be done. This situation not only creates great difficulties for experts but also causes serious confusion during parliamentary debates. This omnibus bill practice is a practice that hinders the legislature's right to examine laws.

Many laws that come with these omnibus bills are full of words and concepts that have many meanings, even exceeding the limits of abstraction. However, law cannot be interpreted with abstract concepts. Concepts must be clear and understandable. This habit of making laws with abstract concepts and words that can mean anything is causing great harm to our legal system. First and foremost, it is difficult to establish jurisprudence in the examinations conducted at the Court of Cassation. Because the concepts on which the law is based have more than one meaning. Which one will you take as a basis to form a decision?

The 9th Judicial Package will mainly be a response to criticisms that some crimes go unpunished in Turkey. It will include regulations that will put an end to the perception of impunity in the public eye. It is understood that this package will be heavily focused on criminal law. Criminal law is a branch of law that draws the boundaries of citizens' freedoms. So-called clever lawyers add abstract concepts that express several meanings to the articles of the penal code that define crimes. In other words, the more these types of concepts are played with, the more arbitrary judicial decisions become.

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