What the New Enforcement Package Introduces

Reduction of the Time to Be Spent in Penal Institutions

The time that must be spent in penal institutions is being reduced.

The conditional release ratio is being reduced from 2/3 to 1/2 (from 67% to 50%). Accordingly, the conditional release ratio will as a rule be applied as 1/2 (50%).

No change is being made to the conditional release ratio of 2/3 for the offence of intentional killing or of 3/4 for terrorist offences and organised offences.

For recidivists and, accordingly, for sexual offences and drug trafficking offences, the conditional release ratio of 3/4 is being reduced to 2/3 (from 75% to 67%).

Conditional release ratios according to the article

Proportionate Period of Probation

The perception of impunity in the application of probation is being eliminated.

Temporary Extension of the Probation Period

The 1-year probation period is being temporarily increased to 3 years.

By a temporary provision, the probation period is being increased from 1 year to 3 years for all offences committed before a certain date, except terrorist offences, intentional killing and offences relating to the privacy of private life.

For offences committed before a certain date, excluding terrorist offences, intentional killing offences, offences against sexual inviolability and offences relating to the privacy of private life, the following are provided for:

• a) for female convicts with a child aged between zero and six and convicts who have reached the age of seventy, the “two-year” period in the third paragraph of Article 105/A is to be applied as “four years”,
• b) for convicts who have reached the age of sixty-five and are unable to sustain their lives alone owing to a serious illness, disability or old age, the periods they must serve in penal institutions in order to be conditionally released are to be enforced by applying the probation measure regulated in Article 105/A, irrespective of the maximum period limit,

are provided for.

The provisions set out above will also apply to convicts in closed penal institutions, provided that they are of good conduct.

Extending the Scope of Special Enforcement Methods

The scope of special enforcement methods is being extended.

Weekend and night-time enforcement

The 6-month limit for enforcing prison sentences by staying in a penal institution at weekends and overnight is being increased to 1 year and 6 months for intentional offences and to 3 years for negligent offences other than causing death.

Konutta infaz

The limit on prison sentences to which the method of enforcement at home, provided for women and the elderly, applies is being increased. Children are also being included.

In this context, the limit for enforcement at home is being increased:

• a) for women, children and men who have reached the age of 65, from 6 months to 1 year,
• b) for persons who have reached the age of 70, from 1 year to 2 years,
• c) for persons who have reached the age of 75, from 3 years to 4 years,

is removed.

Good Conduct Assessment at All Stages

Good conduct assessment will be carried out at all stages of enforcement.

The principles governing the assessment of convicts’ attitudes and behaviour (the determination of good conduct) are being redefined, and it is being ensured that good conduct assessments of convicts are carried out at all stages of enforcement.

In assessments concerning transfer to an open penal institution, enforcement of the sentence by applying the probation measure, and conditional release in respect of persons sentenced to imprisonment totalling 10 years or more, and persons convicted of terrorist offences, the offences of establishing, managing or being a member of an organisation, offences committed within the scope of organisational activity, intentional killing offences, offences against sexual inviolability, and offences of manufacturing and trafficking narcotic or stimulant substances, the administration and observation board will be chaired by the chief public prosecutor or a public prosecutor designated by him or her. In addition, a member of the monitoring board designated by the chief public prosecutor and one expert each designated by the provincial or district directorates of the Ministry of Family, Labour and Social Services and the Ministry of Health will take part in the administration and observation board.

Duties and Powers of Enforcement Judgeships

The duties and powers of enforcement judgeships are being extended.

• It is being ensured that all decisions to be taken at the enforcement stage are taken by enforcement judges.
• It is being made possible to lodge a complaint with the enforcement judgeship against decisions of the public prosecutor relating to enforcement.

Provisions on Enforcement Services

Enforcement services are being improved through the amendments made to the Enforcement Law.

Transfer to an open penal institution

The conditions for transfer to an open penal institution are being redefined.

The transfer to an open penal institution of persons sentenced to imprisonment totalling 10 years or more, and of persons convicted of terrorist offences, the offences of establishing, managing or being a member of an organisation, offences committed within the scope of organisational activity, intentional killing offences, offences against sexual inviolability, and offences of manufacturing and trafficking narcotic or stimulant substances, is being made subject to the approval of the enforcement judge.

Disiplin, infaza ara verme ve erteleme

• It is being made possible to impose disciplinary sanctions on a convict also for acts and statements contrary to discipline carried out in places where he or she is temporarily outside prison for reasons such as hearings, health, education and work.
• In compulsory and very urgent cases, the power of the chief public prosecutor’s office to suspend the enforcement of a prison sentence for 6 months is being increased to 1 year; in addition, it is being made possible to suspend enforcement where the convict’s spouse or children are in need of care owing to permanent illness or disability.
• The sentences of women who have recently given birth may be deferred for 1 year and 6 months instead of 6 months.

Facilities granted to convicts

• The scope of rewards that may be granted to child convicts is being expanded.
• Convicts’ right to accept gifts is being expanded; furthermore, child convicts, convicts who have reached the age of sixty-five and female convicts with their children with them are being given the opportunity to receive gifts outside certain time periods.
• It is being made possible to apply the provisions on accommodating a convict’s children in need of care to remand prisoners as well.
• It is being made possible for convicts to be employed in the work areas of public institutions and organisations, provided that they are accommodated by those institutions and organisations at night.
• The three-day compassionate leave granted to those in open penal institutions is being increased to seven days.
• The period that convicts must spend in penal institutions with good conduct in order to be able to take compassionate leave is being shortened, and the right to compassionate leave granted for visiting a sick person is being increased from once to twice.
• It is being made possible for convicts in open and closed penal institutions to be allowed immediate use of the institution’s telephone and fax equipment in the event of an epidemic as well.

Provisions Made in Other Laws

A number of problems are being resolved through the amendments made to other laws.

• Formal duties relating to the monitoring of certain judicial control measures, such as a ban on travelling abroad, are being removed from the duties of the probation directorate.
• The penalty is being increased where the offence of causing injury is committed with a monstrous motive (for example, by throwing acid). The maximum term that may be imposed is being increased from 13 years 6 months to 18 years.

Tax evasion offences

In smuggling offences, the low value of the goods is being accepted as a ground for reduction, and the possibility of effective repentance is being introduced for the prosecution stage as well.

In smuggling offences, a proportional reduction of the penalty is provided for where the value of the goods is minor or very minor.

Furthermore, by introducing effective repentance for the prosecution stage as well, it is ensured that the penalty is reduced by a certain proportion if the offender pays into the State Treasury an amount equal to twice the value of the goods subject to smuggling.