AYM detail in the 8th Judicial Package: Citizens will apply there first

The 8th Judicial Package draft details have emerged.

Accordingly, the goals include improving access to judicial services, enhancing the quality of judicial services, and resolving problems encountered in practice.

COMMISSION BEFORE THE CONSTITUTIONAL COURT

According to a report by the pro-government newspaper Sabah, in cases where citizens seek non-pecuniary damages due to long-running trials regarding the right to a fair trial, they will first apply to the Compensation Commission before applying to the Constitutional Court.

PROBATION DETAIL

In order to eliminate the perception of impunity in society, those who receive even a one-month sentence will spend 12 days in prison. Appeals can be made against decisions rendered by the High Criminal Court regarding compensation claims. Decisions made by the Regional Court of Justice on this matter will be final.

With the proposed regulation, the practice of every convict benefiting from probation for an equal period will be abandoned. Instead, it is aimed to ensure that probation is benefited from proportionally according to the conditional release amount, and that the time to be spent in the penal institution is also determined proportionally, thereby achieving penal execution justice.

Accordingly, a convict who is in an open penal institution or a juvenile training center and has spent four-fifths of the time required to be spent in penal institutions for conditional release in an open or closed penal institution will serve the remaining part of their sentence until the conditional release date through probation measures in the community. In terms of aggravated life imprisonment and life imprisonment, a maximum probation period of three years will be introduced to ensure the probation period is not excessively long.

The regulation aims to eliminate the perception of impunity by ensuring that every convict remains in a penal institution for a certain period. According to the regulation in the relevant article, the conditional release period will be determined first; four-fifths of this period will be served in penal institutions, and the remaining one-fifth will be served in the community under the probation regime.

APPEAL PERIOD TO BE EXTENDED TO TWO WEEKS

Following the completion of the new judicial package draft, the legislative proposal will be submitted to the Turkish Grand National Assembly (TBMM).

Some of the headings in the judicial package, which will enter into force after being published in the Official Gazette following approval by the General Assembly, are as follows:

With another regulation, the rate of benefiting from probation for female convicts with children in the zero-to-six age group, as well as convicts who cannot sustain their lives alone due to a severe illness, disability, or old age, will be redetermined in accordance with the regulations made in the article.

In addition, the same rate will be applied to convicts who have completed the age of 70. These convicts will be able to benefit from probation measures if they spend three-fifths of the time required to be spent in penal institutions for conditional release in a penal institution.

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

In order to resolve the budget problems experienced in meeting the expenses related to the legal aid services of the bar associations' legal aid bureaus, the legal aid allowance rate in provinces with more than one bar association will be determined according to the calculation included in the scope of the regulation.

Necessary changes to the notary fee tariff will be made to be effective from the beginning of each calendar year instead of every March.

Notaries will be allowed to obtain special stamped passports during their tenure.

If a woman's surname consists of her own surname and her previous husband's surname, it will be regulated that she can use only one of these surnames before the surname of the husband she will marry.

In order to ensure the validity of the child's lineage, the mother, in addition to the father and the child, will be granted the right to file a paternity denial lawsuit. The mother is also being granted the opportunity to file a paternity denial lawsuit, and it will be regulated that the mother can file this lawsuit within one year at the latest, starting from the birth.

Conciliation will not be possible for the crime of insult committed through audio, written, or visual communication targeting the victim. With the regulation, it is aimed to combat the crime of insult more effectively by including it in the scope of advance payment. The 3-day period, during which the suspect, victim, or the person harmed by the crime must notify their decision after being offered a settlement, will be extended to 7 days. Thus, it is aimed to prevent potential grievances in practice.

News Source: 12punto