{"id":209,"date":"2022-08-17T09:00:00","date_gmt":"2022-08-17T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/yeni-infaz-paketinin-getirdikleri\/"},"modified":"2026-10-02T13:06:18","modified_gmt":"2026-10-02T10:06:18","slug":"new-enforcement-package-introduces","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/yeni-infaz-paketinin-getirdikleri\/","title":{"rendered":"What the New Enforcement Package Introduces"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\">This article summarises the main changes introduced by the regulation known to the public as <strong>infaz paketi<\/strong> as they stood at the time of writing. Amendments are made to a total of 10 different laws, including the Law on the Execution of Sentences and Security Measures, the Law on Enforcement Judgeships, the Turkish Criminal Code and the Code of Criminal Procedure. Below we discuss under separate headings the changes relating to conditional release, probation, special enforcement methods, good conduct assessment and enforcement judgeships.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>The enforcement package described in the article provides for amendments to a total of 10 laws, including the Enforcement Law, the Law on Enforcement Judgeships, the TCK (Turkish Criminal Code) and the CMK (Code of Criminal Procedure).<\/li>\n<li>According to the article, the conditional release ratio is, as a rule, reduced from 2\/3 to 1\/2 and, for recidivists, from 3\/4 to 2\/3; the ratios are retained for intentional killing, terrorism and organised crime.<\/li>\n<li>Instead of a fixed one-year period of probation, a period proportionate to the sentence is provided for; for offences committed before a certain date, this period is temporarily increased to three years.<\/li>\n<li>The scope of weekend and night-time enforcement and of enforcement at home is extended; the limits for enforcement at home are increased for female, child and elderly convicts.<\/li>\n<li>Good-conduct assessments will be carried out at least once every six months, decisions at the enforcement stage will be taken by enforcement judges, and a complaint remedy will be made available against prosecutors' decisions.<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>This article was prepared in accordance with the legislation and practice in force on the date of publication. Since the regulation described in the article, further changes may have been made to the enforcement provisions, including the periods of conditional release and probation. You are advised to consult a lawyer on the current position.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#kosullu-saliverilme\">Conditional release ratios<\/a><\/li>\n<li><a href=\"#denetimli-serbestlik\">Proportionate period of probation<\/a><\/li>\n<li><a href=\"#gecici-duzenleme\">Temporary provision on probation<\/a><\/li>\n<li><a href=\"#ozel-infaz-usulleri\">Special enforcement methods<\/a><\/li>\n<li><a href=\"#iyi-hal\">Good conduct assessment<\/a><\/li>\n<li><a href=\"#infaz-hakimligi\">Duties and powers of enforcement judgeships<\/a><\/li>\n<li><a href=\"#infaz-hizmetleri\">Provisions on enforcement services<\/a><\/li>\n<li><a href=\"#diger-kanunlar\">Provisions in other laws<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"kosullu-saliverilme\">\n<h2>Reduction of the Time to Be Spent in Penal Institutions<\/h2>\n<p>The time that must be spent in penal institutions is being reduced.<\/p>\n<p>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%).<\/p>\n<p>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.<\/p>\n<p>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%).<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-kosullu\">Conditional release ratios according to the article<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-kosullu\">\n<thead>\n<tr>\n<th>Offence \/ convict group<\/th>\n<th>Previous ratio<\/th>\n<th>Under the regulation<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Kural<\/td>\n<td>2\/3<\/td>\n<td>1\/2<\/td>\n<\/tr>\n<tr>\n<td>Recidivists, sexual offences and drug trafficking offences<\/td>\n<td>3\/4<\/td>\n<td>2\/3<\/td>\n<\/tr>\n<tr>\n<td>Intentional killing<\/td>\n<td>2\/3<\/td>\n<td>No change<\/td>\n<\/tr>\n<tr>\n<td>Terrorist offences and organised crimes<\/td>\n<td>3\/4<\/td>\n<td>No change<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<\/section>\n<section id=\"denetimli-serbestlik\">\n<h2>Proportionate Period of Probation<\/h2>\n<p>The perception of impunity in the application of probation is being eliminated.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Previous practice<\/p>\n<p>Applying a fixed probation period of 1 year for all prison sentences not only gives rise to a perception of impunity in society but also results in an inequitable enforcement regime.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">New regulation<\/p>\n<p>By changing the probation criteria, instead of applying a flat 1 year to everyone, a provision is being introduced, with a view to ensuring penal justice, in proportion to the sentence imposed (whereby 1\/5 of the period to be taken as the basis for conditional release (1\/2) is to be spent on probation). This will ensure that every convict remains in a penal institution for at least 40% of the sentence.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"gecici-duzenleme\">\n<h2>Temporary Extension of the Probation Period<\/h2>\n<p>The 1-year probation period is being temporarily increased to 3 years.<\/p>\n<p>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.<\/p>\n<p>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:<\/p>\n<ul class=\"pm-liste\">\n<li>a) for female convicts with a child aged between zero and six and convicts who have reached the age of seventy, the \u201ctwo-year\u201d period in the third paragraph of Article 105\/A is to be applied as \u201cfour years\u201d,<\/li>\n<li>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,<\/li>\n<\/ul>\n<p>are provided for.<\/p>\n<p>The provisions set out above will also apply to convicts in closed penal institutions, provided that they are of good conduct.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Child convicts<\/p>\n<p>It is provided that each day spent in a penal institution by child convicts who committed an offence before a certain date, until they reach the age of 18, is to be counted as 3 days.<\/p>\n<\/div>\n<\/section>\n<section id=\"ozel-infaz-usulleri\">\n<h2>Extending the Scope of Special Enforcement Methods<\/h2>\n<p>The scope of special enforcement methods is being extended.<\/p>\n<h3>Weekend and night-time enforcement<\/h3>\n<p>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.<\/p>\n<h3>Konutta infaz<\/h3>\n<p>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.<\/p>\n<p>In this context, the limit for enforcement at home is being increased:<\/p>\n<ul class=\"pm-liste\">\n<li>a) for women, children and men who have reached the age of 65, from 6 months to 1 year,<\/li>\n<li>b) for persons who have reached the age of 70, from 1 year to 2 years,<\/li>\n<li>c) for persons who have reached the age of 75, from 3 years to 4 years,<\/li>\n<\/ul>\n<p>is removed.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Serious illness or disability<\/p>\n<p>It is being made possible for convicts sentenced to imprisonment totalling 5 years or less, or whose judicial fine has been converted into imprisonment during the enforcement process, and who are found by a Forensic Medicine Institute report to be unable to sustain their lives alone under penal institution conditions owing to a serious illness or disability, to serve their sentence at home.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Female convicts who have recently given birth<\/p>\n<p>It is being made possible for female convicts who have recently given birth and who have been sentenced to imprisonment totalling three years or less, or whose judicial fine has been converted into imprisonment during the enforcement process, to serve their sentence at home.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"iyi-hal\">\n<h2>Good Conduct Assessment at All Stages<\/h2>\n<p>Good conduct assessment will be carried out at all stages of enforcement.<\/p>\n<p>The principles governing the assessment of convicts\u2019 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.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">At least once every 6 months<\/p>\n<p>It is being ensured that, at all stages during which convicts are held in penal institutions, they are assessed by the administration and observation board at least once every 6 months for the purpose of determining good conduct.<\/p>\n<\/div>\n<p>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.<\/p>\n<\/section>\n<section id=\"infaz-hakimligi\">\n<h2>Duties and Powers of Enforcement Judgeships<\/h2>\n<p>The duties and powers of enforcement judgeships are being extended.<\/p>\n<ul class=\"pm-liste\">\n<li>It is being ensured that all decisions to be taken at the enforcement stage are taken by enforcement judges.<\/li>\n<li>It is being made possible to lodge a complaint with the enforcement judgeship against decisions of the public prosecutor relating to enforcement.<\/li>\n<\/ul>\n<\/section>\n<section id=\"infaz-hizmetleri\">\n<h2>Provisions on Enforcement Services<\/h2>\n<p>Enforcement services are being improved through the amendments made to the Enforcement Law.<\/p>\n<h3>Transfer to an open penal institution<\/h3>\n<p>The conditions for transfer to an open penal institution are being redefined.<\/p>\n<p>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.<\/p>\n<h3>Disiplin, infaza ara verme ve erteleme<\/h3>\n<ul class=\"pm-liste\">\n<li>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.<\/li>\n<li>In compulsory and very urgent cases, the power of the chief public prosecutor\u2019s 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\u2019s spouse or children are in need of care owing to permanent illness or disability.<\/li>\n<li>The sentences of women who have recently given birth may be deferred for 1 year and 6 months instead of 6 months.<\/li>\n<\/ul>\n<h3>Facilities granted to convicts<\/h3>\n<ul class=\"pm-liste\">\n<li>The scope of rewards that may be granted to child convicts is being expanded.<\/li>\n<li>Convicts\u2019 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.<\/li>\n<li>It is being made possible to apply the provisions on accommodating a convict\u2019s children in need of care to remand prisoners as well.<\/li>\n<li>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.<\/li>\n<li>The three-day compassionate leave granted to those in open penal institutions is being increased to seven days.<\/li>\n<li>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.<\/li>\n<li>It is being made possible for convicts in open and closed penal institutions to be allowed immediate use of the institution\u2019s telephone and fax equipment in the event of an epidemic as well.<\/li>\n<\/ul>\n<\/section>\n<section id=\"diger-kanunlar\">\n<h2>Provisions Made in Other Laws<\/h2>\n<p>A number of problems are being resolved through the amendments made to other laws.<\/p>\n<ul class=\"pm-liste\">\n<li>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.<\/li>\n<li>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.<\/li>\n<\/ul>\n<h3>Tax evasion offences<\/h3>\n<p>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.<\/p>\n<p>In smuggling offences, a proportional reduction of the penalty is provided for where the value of the goods is minor or very minor.<\/p>\n<p>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.<\/p>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-criminal-defence-lawyer\/\">Serious Crimes Lawyer in Ankara (Assize Court)<\/a> \u2014 investigation, pre-trial detention, assize court trials and legal remedies<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=5237&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Turkish Criminal Code No. 5237<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Enforcement Package: Frequently Asked Questions<\/h2>\n<details open>\n<summary>Which laws does the enforcement package described in the article propose to amend?<\/summary>\n<div>\n<p>According to the article, the package provides for amendments to a total of 10 different laws, including the Law on the Enforcement of Sentences and Security Measures, the Law on Enforcement Judgeships, the Turkish Criminal Code and the Code of Criminal Procedure. The article describes the rules as they stood when it was written.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What changes are proposed to conditional release ratios?<\/summary>\n<div>\n<p>Under the rules in force when the article was written, the ratio is, as a rule, reduced from 2\/3 to 1\/2, and from 3\/4 to 2\/3 for recidivists and for sexual offences and drug trafficking. The ratio of 2\/3 for intentional killing and 3\/4 for terrorism and organised crime is not changed.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What is provided regarding the probation period?<\/summary>\n<div>\n<p>According to the article, instead of applying a fixed one year to everyone, one-fifth of the period on which conditional release is based is to be served on probation, with the aim of ensuring that each convict remains in the institution for at least 40% of the term. In addition, for offences committed before a certain date, other than the exceptions listed in the article, the period is temporarily increased to three years.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>For which convicts and within what limits can enforcement at home be applied?<\/summary>\n<div>\n<p>Under the rules in force when the article was written, the limit for enforcement at home is increased to 1 year for women, children and men aged 65 or over, to 2 years for those aged 70 or over and to 4 years for those aged 75 or over. The possibility of enforcement at home within certain limits is also introduced for convicts who obtain a Forensic Medicine report owing to serious illness or disability and for female convicts who have recently given birth.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How will convicts' good conduct be assessed?<\/summary>\n<div>\n<p>According to the article, good conduct will be examined at all stages of enforcement, and convicts will be assessed by the administration and observation board at least once every six months. For the serious offences listed in the article, this board will be chaired by the Chief Public Prosecutor or a prosecutor designated by him or her.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How are the powers of enforcement judgeships being extended?<\/summary>\n<div>\n<p>The article states that it is proposed that all decisions at the enforcement stage be taken by enforcement judges, that a complaint to the enforcement judgeship be available against the public prosecutor's decisions on enforcement, and that the transfer of convicts for certain offences to open institutions be subject to the approval of the enforcement judge.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about the enforcement provisions?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of criminal law.<\/p>\n<p>Fill in the form and we will call you. 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