New Execution Regulations And Criminal Execution Law
Criminal Execution Law and Probation
Article 105/A of the Law No. 5275 on the Execution of Criminal and Security Measures and the amendments and regulations introduced by Article 105/A of the Law on the Execution of Criminal and Security Measures and the reorganization of conditional release and probation institutions have led to significant changes in the execution periods and convicts in prison have gained the right to be released.
Application of the Relevant Law for Crimes Committed Before March 30, 2020
With the Provisional Article 6 of the Law No. 5275, a different execution regime was enacted for crimes committed before March 30, 2020. With these amendments, the following regulations have been introduced for the crimes committed before March 30, 2020:
The duration of the probation measure will be applied for 3 years.
Those who have been convicted of certain crimes will benefit from the conditional release provisions if they serve 1/2 of their total sentence in the penal institution.
However, for crimes committed after March 30, 2020, the execution rules regulated in Article 105/A of the Law No. 5275 will apply. It should be noted immediately that what is important here is not the date of the conviction given by the court, but the date the crime was committed.
With these regulations, convicts with a total sentence of 6 years or less will benefit from the opportunity to be released directly. In terms of sentences that are more than this, the periods to be spent in prison can be calculated by applying these rates. For example, a person sentenced to 10 years imprisonment will have to serve ½ of his/her sentence (5 years), 3 years of which will be counted in the probation application and conditional release will be applied after spending the remaining 2 years in prison. As a matter of fact, our Execution Law regulates the execution regime in the order of closed prison, open prison, probation and conditional release.
However, the convicts who committed the crimes listed below and regulated in the Turkish Penal Code and various laws, the execution regulations described above regarding the crimes committed before March 30, 2020 will not be applied and different execution rates will be applied to them permanently.
Offense of intentional killing (articles 81, 82, 83),
The crime of intentional wounding and aggravated wounding committed against a subordinate, superior, spouse or sibling or a person who is physically or mentally incapable of defending himself/herself,
The crime of grievous bodily harm,
The crime of torture,
Crimes of persecution
Offenses against sexual inviolability,
Offenses against privacy and the private sphere of life,
Manufacture or trafficking in narcotics or stimulants,
Offenses against the security of the state,
Offenses against the constitutional order,
Offenses against national defense,
Offenses against state secrets,
Crimes falling within the scope of Anti-Terror Law No. 3713, such as the crime of making propaganda for an organization,
Convicts whose right to conditional release has been revoked (those whose execution has been burned) due to the same provision.
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