Text Of The 4th Judicial Package – aka Concrete Evidence Law
ARTICLE 1 – The phrases “Sixty” in the first and third sentences of the second paragraph of Article 10 of the Administrative Trial Procedure Law No. 2577 dated 6/1/1982 have been amended as “Thirty”, the phrase “sixty” in the second sentence has been amended as “thirty”, the phrase “sixty” in the fifth sentence has been amended as “four” and the phrase “sixty days” in the sixth sentence has been amended as “thirty days”.
ARTICLE2 – The phrase “sixty” in the second paragraph of Article 11 of the Law No. 2577 has been amended as “thirty”.
ARTICLE 3 – The phrase “sixty” in the first paragraph of Article 13 of the Law No. 2577 has been amended as “thirty”.
ARTICLE 4 – The following sentence has been added to the first paragraph of Article 24 of the Law No. 2577
“Decisions shall be written and signed within thirty days from the date of issuance.”
ARTICLE 5 – The following provisional article has been added to the Law No. 2577.
“PROVISIONAL ARTICLE 10 – 1. For the applications made to the administration pursuant to Articles 10, 11 and 13 before the effective date of this article, the periods prior to the amendments made by this Law shall apply.”
ARTICLE 6 – The phrase “spouse” in subparagraph (d) of the first paragraph of Article 82 of the Turkish Penal Code No. 5237 dated 26/9/2004 has been amended as “spouse, divorced spouse”.
ARTICLE 7 – The phrase “to the spouse” in subparagraph (a) of the third paragraph of Article 86 of the Law No. 5237 has been amended as “to the spouse, to the divorced spouse”.
ARTICLE8 – The phrase “or the divorced spouse” has been added after the phrase “to the spouse” in subparagraph (b) of the second paragraph of Article 96 of the Law No. 5237.
ARTICLE 9 – The phrase “or the divorced spouse” has been added after the phrase “to the spouse” in subparagraph (e) of the third paragraph of Article 109 of the Law No. 5237.
ARTICLE 10 – The following paragraph has been added to Article 12 of the Code of Criminal Procedure dated 4/12/2004 and numbered 5271.
“(6) In offences committed by using information systems, bank or credit institutions or bank or credit cards as a tool, the courts of the victim’s domicile shall also be competent.”
ARTICLE 11 – The following sentence has been added to the first paragraph of Article 44 of the Law No. 5271
“The decision to bring the witness by force shall also be notified to the witness by using these means if the communication information such as telephone, telegraph, fax, electronic mail is available in the file.”
ARTICLE 12 – The following paragraph has been added to Article 94 of the Law No. 5271
“(3) The Public Prosecutor may order the release of the person who is arrested outside working hours upon an arrest warrant issued for the purpose of taking his/her statement and who undertakes to be present before the judicial authority on the specified date. This provision may be applied only once for each warrant of arrest. The person who fails to fulfil his commitment shall be imposed an administrative fine of one thousand Turkish Liras by the public prosecutor in the place where the warrant was issued.”
ARTICLE 13 – The phrase “based on concrete evidence” has been added to the third paragraph of Article 100 of the Law No. 5271 after the phrase “in respect of”.
ARTICLE 14 – The following subparagraph has been added to the second paragraph of Article 101 of the Law No. 5271
“d) That the judicial control application will be insufficient,”
ARTICLE 15 – The phrase “(in subparagraph (e)” in the sixth paragraph of Article 109 of the Law No. 5271 has been amended as “(in subparagraphs (e) and (j)” and the following sentence has been added to the paragraph.
“However, every two days spent under the obligation not to leave his/her residence specified in subparagraph (j) shall be taken into account as one day in the offsetting of the penalty.”
ARTICLE 16 – The phrase “the provisions of this article,” in the third paragraph of Article 110 of the Law No. 5271 has been amended as “the provisions of the first and second paragraphs of this article,” and the following paragraph has been added to the Article.
“(4) Whether the continuation of the judicial control obligation of the suspect or defendant will be required or not shall be decided by the criminal judge of peace upon the request of the public prosecutor in the investigation phase and by the court ex officio in the prosecution phase at intervals of four months at the latest, taking into account the provisions of Article 109.”
ARTICLE 17 – The following article has been added to the Law No. 5271 to come after Article 110.
“The period to be spent under judicial control
ARTICLE 110/A – (1) The duration of judicial control in cases that do not fall under the jurisdiction of the heavy criminal court is two years at most. However, this period may be extended for one more year in cases of necessity by showing justification.
(2) In cases falling within the jurisdiction of the heavy criminal court, the duration of judicial control is maximum three years. This period may be extended in cases of necessity by showing justification; the extension period may not exceed a total of three years, and may not exceed four years for the offences defined in the Fourth, Fifth, Sixth and Seventh Chapters of the Fourth, Fifth, Sixth and Seventh Parts of the Fourth Section of the Fourth Part of the Second Book of the Second Book of the Turkish Penal Code and for the offences falling within the scope of the Anti-Terror Law.
(3) The judicial control periods stipulated in this article shall be applied at half the rate for children.”
ARTICLE 18 – The following sentence has been added to the third paragraph of Article 137 of the Law No. 5271, the phrase “or prosecution” has been added to the fourth paragraph of the article after the phrase “investigation”, and the phrase “Chief Public Prosecutor’s Office,” in the paragraph has been changed as “chief public prosecutor’s office or court,”.
“In the event of an acquittal, the records relating to the detection or interception shall be destroyed by the same procedure under the supervision of the judge.”
ARTICLE 19 – The phrase “shall be disclosed.” in the fourth paragraph of Article 170 of the Law No. 5271 has been amended as “shall be disclosed; information that is irrelevant to the events constituting the charged offence and the evidence of the offence shall not be included.”.
ARTICLE 20 – The following sentence has been added to the first paragraph of Article 176 of the Law No. 5271
“In addition, information on the indictment and the date of the hearing shall also be notified by making use of communication information such as telephone, telegraph, fax, electronic mail, if such communication information is available in the file, but the consequences attached to the summons shall not apply in this case.”
ARTICLE 21 – The following sentences have been added to the first paragraph of Article 233 of the Law No. 5271 and the phrase “and compulsory summons” has been added to the second paragraph after the phrase “the summons to be made”.
“When the prosecution phase is started, the indictment is attached to the summons. In addition, information regarding the indictment and the date of the hearing shall also be notified by utilising these means if the communication information such as telephone, telegram, fax, electronic mail is available in the file.”
ARTICLE 22 – In the fourth paragraph of Article 250 of the Law No. 5271, after the phrase “from the basic penalty”, the phrase “and from the penalty determined after applying the provisions on chain offence if the conditions are present” and the following sentences have been added to the eighth and eleventh paragraphs of the Article respectively, The phrase “in line with the sanction specified in the request if it concludes that the conditions are fulfilled and the action is within the scope of the summary procedure” in the ninth paragraph has been amended as “in line with the provisions of paragraphs four to seven, not heavier than the sanction specified in the request letter, if it concludes that the conditions are fulfilled, the action is within the scope of the summary procedure and a conviction decision should be made according to the available evidence in the file” and the fourteenth paragraph has been amended as follows.
“If it is understood that the request letter is prepared in violation of this paragraph, that a material error is made in the sanction determined, that the objective conditions for the application of Article 231 or Articles 50 and 51 of the Turkish Penal Code are not fulfilled or that a security measure appropriate to the nature of the proposed punishment is not specified, the court shall return the request letter to the Chief Public Prosecutor’s Office in order to complete the deficiencies. After the deficiencies are completed and the erroneous points are corrected by the public prosecutor, the request letter shall be redrafted and sent to the court.”
“The expedited procedure shall not be applied in the event that an offence falling within this scope is committed together with another offence not falling within this scope.”
“(14) An objection may be made to the judgement established by the court under paragraph nine. The objection authority shall examine the objection in terms of the conditions in the third and ninth paragraphs.”
ARTICLE 23 – The following sentence has been added to the first paragraph of Article 251 of the Law No. 5271
“The simple trial procedure shall not be applied after the trial date is set pursuant to the second paragraph of Article 175.”
ARTICLE 24 – Subparagraph (b) of the third paragraph of Article 268 of the Law No. 5271 has been amended as follows
“b) The examination of the objections against the decisions of the criminal judgeship of peace regarding arrest and judicial control belongs to the judge of the criminal court of first instance in whose jurisdiction it is located. In cases where the authorities authorised to examine the objection are different, necessary measures shall be taken by the criminal judge of peace whose decision is objected to in order to examine the objections without delay. If the work of the criminal judgeship of peace is handled by the criminal judge of first instance, the authority to examine the objection belongs to the president of the heavy criminal court.”
ARTICLE 25 – The phrase “seven times” in the fifth paragraph of the provisional Article 9 of the Law on the Execution of Criminal and Security Measures dated 13/12/2004 and numbered 5275 has been amended as “nine times” and the phrase “31/7/2021” in the sixth paragraph has been amended as “30/11/2021”.
ARTICLE 26 – The following article has been added to the Law on the Establishment and Trial Procedures of the Constitutional Court dated 30/3/2011 and numbered 6216
“Internship at the Court
ARTICLE 73/A – (1) Candidate judges and lawyer trainees may perform internship at the Court. The procedures and principles regarding the implementation of this article shall be regulated by a regulation.”
ARTICLE 27 – This Law
a) Articles 16, 17 and 24 of this Law shall be effective on 1/1/2022,
b) Articles 11, 20 and 21 on 1/9/2021,
c) Other articles on the date of publication,
enters into force.
ARTICLE 28 – The President shall execute the provisions of this Law.
13/7/2021
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