8th Judicial Package submitted to Parliament: Fines are also being increased!

AKP Deputy Group Chairman Özlem Zengin made evaluations regarding the 8th Judicial Package submitted to the Grand National Assembly of Turkey (TBMM).

Explaining that the draft law can be considered the "8th Judicial Package" and consists of 43 articles, Zengin stated that their goal is to "ensure judicial services are provided more effectively."

Explaining that there is a complex structure in the application periods for trials and that individuals have difficulty following these periods regarding their rights, Zengin said, "For this reason, we will express our future regulations in terms of 'weeks' and 'months'."

Stating that they have standardized all these regulations to "2 weeks," Zengin announced that the periods will continue with a standard 2-week application starting from the notification, and that this practice will be in effect as of June 1.

"WE ARE REDETERMINING THE LOWER AND UPPER LIMITS FOR JUDICIAL FINES"

Zengin provided the following information: "In order to increase the effectiveness of criminal sanctions, we are redetermining the lower and upper limits for judicial fines. Accordingly, the lower limit of a one-day judicial fine will be increased from 20 TL to 100 TL, and the upper limit from 100 TL to 500 TL. Additionally, when calculating the advance payment amount, the daily equivalent will increase from 30 TL to 100 TL. These will come into effect for crimes committed from June 1, 2024, onwards."

Stating that they have implemented an important regulation regarding compensation claims due to protective measures, Zengin noted that individuals who are decided to have no grounds for prosecution or are acquitted after judicial control obligations—such as not leaving their residence or being kept under treatment in hospitals to overcome addictions—are applied, will be granted the opportunity to claim compensation.

COMPENSATION COMMISSION

Stating, "By giving new duties to the Compensation Commission, we are providing it with a new definition and a new identity," Zengin mentioned that there are many ongoing individual applications to the Constitutional Court regarding long trials, and that different duties will be assigned to the Compensation Commission at the Ministry of Justice as an intermediary institution for this.

Zengin announced that applications for non-pecuniary damages made on the grounds that investigations and prosecutions within the scope of criminal law, as well as trials within the scope of private law and administrative law, were not concluded within a reasonable time, will now be made to the Compensation Commission instead of the Constitutional Court.

Stating that claims for pecuniary and non-pecuniary damages due to certain protective measures within the framework of the Criminal Procedure Code will be decided by the Commission instead of the high criminal courts, Zengin said, "The backlogs in individual applications will no longer exist, and the judges in the Compensation Commission, which will work within the Ministry of Justice in 5 panels, will quickly clear these files. They will both take over and conclude the existing files at the Constitutional Court (AYM) and new applications will be made here. It will still be possible to use the right to individual application regarding these."

THOSE WHO WILL SERVE IN THE COMPENSATION COMMISSION WILL CONSIST OF JUDGES

Responding to a question about the Compensation Commission, Zengin said, "If you read the Constitutional Court's cancellation decision, the Constitutional Court says it does not want to be the primary application authority in these matters and says, 'You need to establish an intermediary institution.' It advises us to create either an administrative or another judicial institution. When viewed this way, this is actually not a retrial."

Noting that what is intended is to review the process regarding the length of these trials, Zengin announced that those who will serve in the Commission will also consist of judges.

Stating that the right to individual application to the Constitutional Court can be used again regarding these decisions, Zengin noted that these decisions will be quickly resolved within a 9-month period regarding those coming from the Constitutional Court.

Stating that what comes to the Compensation Commission are individual applications regarding the right to be tried within a reasonable time, Zengin said that two periods of 9 and 16 months have been determined for applications coming to the Commission from the AYM, and that there is no regulation for new applications.

News Source: AA