Will there be a driver's license amnesty in the 8th Judicial Package? Will a general amnesty be included?

The 8th Judicial Package has been approved by the TBMM Justice Commission.

Accordingly, the regulations to be made are as follows:

• In order to ensure the more effective use of the freedom to seek legal remedies, regulations will be made to ensure the compliance of the Enforcement and Bankruptcy Law with the Code of Civil Procedure regarding applications for legal remedies. Debtors and creditors who have filed an objection during the confirmation hearing will be able to apply for an appeal within 2 weeks from the date of notification against the confirmation or rejection decision, and for a cassation appeal within 2 weeks from the date of notification against the decision rendered upon the appeal review.
• According to the Enforcement and Bankruptcy Law, a regulation will be made regarding the period for applying for a cassation appeal against final decisions rendered by the civil chambers of the regional courts of justice. It will be possible to apply for a cassation appeal against these decisions within 2 weeks from the date of notification, and the application and review of the cassation appeal will be carried out according to the provisions of the Code of Civil Procedure.

PROTECTION OF GOODS AND ASSETS

• The regulation of the Anti-Terror Law regarding "terrorist organizations" will be made compatible with the amendment made in the Turkish Penal Code.
• With the proposal, an amendment to the Turkish Civil Code is envisaged in line with the Constitutional Court's decision. The institution of restriction due to a custodial sentence is being changed, and the state of being in a penal institution is being removed as a direct cause for restriction. Based on the fact that adult persons have the capacity to act, their will is brought to the forefront; while the restriction of a convict who is in a penal institution for the execution of a finalized prison sentence is left primarily to their own request, the restriction of the convict in terms of the execution of a total of 5 years or more of finalized prison sentence is tied to the criterion of protecting their personality or assets, and the guardianship authority is given discretion in this regard.
• Accordingly, an adult person who is in a penal institution for the execution of a finalized prison sentence will be restricted or a trustee will be appointed for them upon their request. An adult person who is in a penal institution for the execution of a total of 5 years or more of finalized prison sentence may be restricted if deemed necessary for the protection of their personality or assets, even if they do not have such a request. The authority responsible for executing the sentence will immediately notify the guardianship authority that the execution of the prison sentence has begun. The guardianship authority will hear the convict before making a decision. The provisions of the Law regarding trusteeship will also apply to this regulation to the extent that they are suitable for its nature.
• According to the amendment made to the Turkish Civil Code in accordance with the Constitutional Court's decision, the provisions of the article titled "procedure" of the law may be resorted to in order to obtain the official health board report required for a decision on restriction due to mental illness or mental weakness.

COMMITTING A CRIME ON BEHALF OF AN ORGANIZATION

• According to the amendment made to the Turkish Penal Code, in order to combat crime more effectively and ensure deterrence, the lower limit of a one-day judicial fine will be increased from 20 liras to 100 liras, and the upper limit from 100 liras to 500 liras. This regulation will enter into force on June 1, 2024.
• Taking into account the cancellation grounds of the Constitutional Court, with the amendment made to the Turkish Penal Code, the act of committing a crime on behalf of an organization without being a member of the organization is regulated as an independent crime. Accordingly, a person who commits a crime on behalf of an organization without being a member of the organization will also be punished with imprisonment from 2 years and 6 months to 6 years. Depending on the nature of the crime committed, the sentence to be given may be reduced by up to half. This provision will only apply to armed organizations.
• A person who commits a crime on behalf of an organization will be punished separately for both the crime they committed and the offense of committing a crime on behalf of the organization.
• Regulations will be made in the Turkish Penal Code (TCK). Accordingly, regarding the "crimes against the security of the state and crimes against the constitutional order and the functioning of this order" specified in the TCK, a person who commits a crime on behalf of an organization without being a member of the armed organization will also be punished with imprisonment from 5 to 10 years. Depending on the nature of the crime committed, the sentence to be given may be reduced by up to half.
• With the amendment made to the Criminal Procedure Code, the scope of compensation claims due to protective measures is being expanded. According to the regulation, persons who are not allowed to benefit from the application opportunities provided in the law against judicial control procedures, as well as apprehension and arrest procedures, will be able to file a compensation claim.
• Persons who are decided to have no grounds for prosecution or who are acquitted after the application of judicial control obligations, including not leaving the residence or being subject to treatment or examination measures, including hospitalization to get rid of drug, stimulant or volatile substance and alcohol addiction, and accepting these, are allowed to file a compensation claim.
• It is envisaged that compensation claims due to protective measures will be made to the established Compensation Commission, and it is aimed to conclude these claims quickly through administrative application. Thus, it will be ensured that decisions are made in a short time regarding compensation claims that do not require a trial. These provisions will enter into force on June 1, 2024.

WHEN WILL THE 8TH JUDICIAL PACKAGE BE RELEASED?

The 8th Judicial Package has been approved by the TBMM Justice Commission. In this context, the regulations will enter into force on June 1, 2024.

IS THERE A DRIVER'S LICENSE AMNESTY IN THE 8TH JUDICIAL PACKAGE? WILL A GENERAL AMNESTY BE INCLUDED?

The driver's license amnesty, which has been expected for a long time, is expected to be included in the 8th Judicial Package, but there is no work on this matter.

In addition, the demand for a general amnesty and the demand for a prisoner amnesty are not included in the package.

News Source: 12punto