Although it is still at the drafting stage, there are many question marks about the bill that will be presented to the General Assembly of the Parliament when the Turkish Grand National Assembly starts the legislative year on January 16. Turkish Grand National Assembly, which will start working again after the holiday, will continue its work by the end of February. and this time will go on holiday for about 1 month due to local elections. At the top of the Parliament's agenda until the end of February is the 8th Judicial Package, which is still at the draft stage and is expected to be presented to the Parliament in the coming days. Although the full content of the judicial package is not known, some items that concern the public seem to have come to light.
Regulations Regarding Doubles
People who recidivated for the second time (double reciter) had to serve 4/4 of their sentences in a closed penal institution, served the entire sentence and were not taken to an open prison under any circumstances. If this law is passed by the parliament, the time the person must spend in prison in case of double recidivism will be 3/4 of the total amount (Ex: A person who is sentenced to 4 years and is a double reciter will be able to benefit from conditional release after spending 3 years in the penal institution), that is, the entire sentence. A person who spends 3/4 of his time in prison instead of being executed will be able to benefit from conditional release. If the ban on conditional release is lifted, those in closed prisons will be transferred to open prisons if they meet the conditions and can then be released conditionally. This situation will also include people who are currently in prison, and favorable provisions will be applied.
Probation Regulation
Probation is applied for 3 years for crimes committed before March 20, 2020, and 1 year for crimes committed after this date. If the bill becomes law, no matter how long the sentence is, the person will be able to be released on probation after spending 4/5 of the total time in prison. For example, in the old system, the time required to be spent in prison for a person who was sentenced to 2 years in the execution law was applied as 1/2, that is, in popular parlance, the penalty was 1 year and since 1 year was a probation period, the person who was sentenced to 2 years was in prison for approximately 1 week after the entry and exit procedures. He could stay and benefit from probation. With the new regulation, a person will be able to benefit from probation after spending 4/5 of the total sentence he received in the penal institution.
This situation was explained by the Minister of Justice, Mr. Yılmaz Tunç's statement: "The person who commits a crime should not get away with it." In other words, someone who is sentenced to a sentence of less than 2 years is released without being housed in prison at all, when we take into account the probation period along with the conditional release period. This creates a perception of impunity in society. In this sense, the probation period is not automatically 1 year, but by introducing a ratio of 1 in five, this is of course at the discretion of our MPs. “It also fits with the sentences because when you look at it, the new execution law paves the way for people to serve the small sentences they receive in penal institutions.
However, it is anticipated that the maximum limit of the probation period will be 3 years. Even if the person has spent 4/5 of his sentence in a penal institution, the remaining period must be at most 3 years in order to benefit from probation.
There is no provision regarding those whose conditional release is withdrawn
There is no provision regarding those whose conditional release has been withdrawn in the 8th Judicial Package, which is currently drafted. However, as we mentioned, this law text, which is still at the draft stage, may undergo many changes and some articles may be removed or added until it is passed by the General Assembly of the Parliament.
Remedies in Case of Violation of the Right to Trial within a Reasonable Time
Considering the workload of the Constitutional Court, it could take years to determine that people's rights have been violated and to remedy the moral damage suffered by the person in this situation. With the new regulation, the person who makes an application on the grounds that he/she will no longer be tried within a reasonable time will be dealt with by the "Compensation Commission" that will be assigned to hear these cases, not the Constitutional Court panel, which has 15 members. With this commission, the workload of the Constitutional Court will decrease and people will be able to gain their rights faster.
-Women will be able to use their own surname
- In line with the annulment decision of the Constitutional Court, the article in the Turkish Civil Code covering the obligation for women to take the man's surname is being rearranged.
- The mother will be given the opportunity to file a lawsuit to reject the lineage between the father and the child.
- Lawyers with 20 years of seniority in their profession will be able to become mediators without examination.
- A compensation lawsuit may be filed for damages that could not be detected during the reconciliation negotiations or that occurred after the reconciliation.
- The application period for objection, appeal and appeal legal remedies will be increased from 7 days to 2 weeks.
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