8th Judicial Package submitted to the Grand National Assembly of Turkey: Judicial fines to be increased

The 8th Judicial Package prepared by the AKP has been submitted to the TBMM. The package consists of 65 articles and proposes amendments to 105 articles across 22 different laws.

The amendments include an increase in judicial fines, changes to the law regarding women's surnames, and new provisions for senior legal professionals.

The regulations included in the draft are summarized as follows:

Based on the execution period, there will now be prison sentences even for convictions that previously had no actual time to be served.

Even if a convict has received a 1-month prison sentence, they will be required to spend at least 40 percent of their sentence, or 12 days, in prison.

Thus, instead of being applied for 1 year, probation will be proportional to the sentence.

INCREASE IN JUDICIAL FINE LIMITS

The base limit for advance payments in judicial fines will increase from 30 liras to 100 liras, and the upper limit will be 500 liras.

The amount for converting a prison sentence into a judicial fine will be determined by multiplying a figure between 100 liras and 500 liras by the number of days.

The finality threshold for directly imposed judicial fines will be increased from 3,000 TL to 15,000 TL.

The application periods for objection, appeal, and cassation legal remedies will be extended from 7 days to 2 weeks.

INCLUDED IN THE SCOPE OF ADVANCE PAYMENT

The act of committing the crime of insult via audio, written, or visual communication will be removed from the scope of mediation and included in the scope of advance payment. Additionally, the complaint period for the crime of insult, which is subject to a complaint, will not exceed 1 year.

Appeals can be filed against decisions made by the high criminal court regarding compensation claims. Decisions made by the regional court of justice on this matter will be final.

CHANGES TO WOMEN'S SURNAMES

Women who are currently able to use two surnames will be granted the right, as of January 1, 2024, not to change their surname, meaning they will have the right to use only their pre-marriage surname.

Appeals can be filed against decisions made by the high criminal court regarding compensation claims. Decisions made by the regional court of justice on this matter will be final.

Claims for non-pecuniary damages based on the allegation that investigations and prosecutions within the scope of criminal law, as well as proceedings in private and administrative law, were not concluded within a reasonable time, may be made to the Compensation Commission instead of the Constitutional Court (AYM).

MEDIATION WITHOUT EXAMINATION FOR SENIOR PROFESSIONALS

Legal professionals with 20 years of seniority in their profession will be able to become mediators without taking an exam.

By amending the Enforcement and Bankruptcy Law and the Code of Civil Procedure, amounts below 1,000 TL will not be taken into account in the amounts determined as a result of increases in monetary limits based on the revaluation rate.

Appeals and cassation can be filed against decisions made by the court of first instance following a reversal decision by the regional court of justice, and against decisions made again following a reversal decision by the Court of Cassation, according to the monetary limits valid at the date of the initial decision.

News Source: 12punto