Article 1 – Article 10 of the law on administrative procedure No. 2577 6/1/1982 dated the first and the third sentence of the second paragraph of “Sixty” phrases “Thirty”, in the form of the second sentence contained in “sixty” the phrase “thirty”, in the form of the Fifth sentence in place “under” the phrase “four” in the form of sentences contained in the sixth and “sixty-day” phrase “thirty days” in the form of A has been replaced.
ARTICLE 2 – The phrase “Sixty” contained in the second paragraph of Article 11 of Law No. 2577 has been changed to “Thirty”.
ARTICLE 3 – The phrase “sixty” contained in the first paragraph of Article 13 of Law No. 2577 has been changed to “thirty”.
ARTICLE 4 – The following sentence has been added to the first paragraph of Article 24 of the Law No. 2577.
“Decisions are written and signed within thirty days from the date of their issuance.”
ARTICLE 5 – The following temporary article has been added to the Law No. 2577.
“PROVISIONAL ARTICLE 10 – 1. With regard to applications submitted to the administration in accordance with Articles 10, 11 and 13 before the date of entry into force of this article, the periods preceding the amendments made to this Law to the specified articles shall apply.”
ARTICLE 6 – The phrase “spouse” contained in paragraph (d) of the first paragraph of Article 82 of the Turkish Criminal Code dated 26/9/2004 and numbered 5237 has been changed to “spouse, divorced spouse”.
ARTICLE 7 – The phrase “to the spouse” contained in paragraph (a) of the third paragraph of Article 86 of Law No. 5237 has been changed to “to the spouse, to the spouse he has divorced”.
ARTICLE 8 – The phrase “to the spouse” has been added to paragraph (b) of the second paragraph of Article 96 of the Law No. 5237 to be followed by the phrase “to the spouse” or to the spouse he has divorced”.
ARTICLE 9 – The phrase “to the spouse” has been added to the paragraph (e) of the third paragraph of Article 109 of the Law No. 5237 to come after the phrase “to the spouse” or to the spouse he has divorced”.
ARTICLE 10 – The following paragraph has been added to Article 12 of the Criminal Procedure Code dated 4/12/2004 and numbered 5271.
“(6) In cases of crimes committed by using information systems, bank or credit institutions or bank or credit cards as tools, the courts of the victim’s settlement are also authorized.”
ARTICLE 11 – The following sentence has been added to the first paragraph of Article 44 of the Law No. 5271.
“The decision to bring it by force is also notified to the witness by using these tools if contact information such as phone, telegram, fax, electronic mail is found in the file.”
ARTICLE 12 – The following paragraph has been added to Article 94 of the Law No. 5271.
“(3) The release of a person who has been arrested after working hours on an arrest warrant issued for the purpose of obtaining a statement and who undertakes to be present before the judicial authority on the appointed date may be ordered by the Public prosecutor. This provision can only be applied once for each arrest warrant. A person who does not fulfill his commitment is given an administrative fine of one thousand Turkish liras by the Public prosecutor of the place where the arrest 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 to come after the phrase “in respect of”.
ARTICLE 14 – The following paragraph has been added to the second paragraph of Article 101 of Law No. 5271.
“d) That the application of judicial control will be insufficient,”
ARTICLE 15 – The phrase “in paragraph (e)” contained in the sixth paragraph of Article 109 of Law No. 5271 has been changed to “in paragraphs (e) and (j)” and the following sentence has been added to the paragraph.
“However, every two days passed under the obligation not to leave the dwelling specified in subparagraph (j) shall be considered as one day in the deduction of the penalty.”
ARTICLE 16 – The phrase “the provisions of this article,” contained in the third paragraph of Article 110 of Law No. 5271, has been changed to “the provisions of the first and second paragraphs of this article,” and the following paragraph has been added to the article.
“(4) the suspect or accused with regard to whether the obligation is necessary to the continuation of judicial control at intervals of four months at the latest; the investigation phase upon the request of the public prosecutor in the magistrates ‘ judge, prosecution phase ex-officio by the court in consideration of the provisions of Article 109 is decided.”
ARTICLE 17 – The following article has been added to the Law No. 5271 to come after Article 110.
“The period that will pass under judicial control
ARTICLE 110 /A – (1) The period of judicial control in cases that do not fall under the duty of the criminal court is no more than two years. However, this period can be extended for another year, citing mandatory cases.
(2) In cases of work that fall under the jurisdiction of the criminal court, the period of judicial control is no more than three years. This period may be extended in case of necessity, with justification; the extension period may not exceed three years in total, four years for crimes defined in the Second, Fourth, Fourth, Fifth, Sixth and Seventh Sections of the Turkish Penal Code and crimes covered by the Anti-Terrorism Law.
(3) The judicial control periods provided for in this article shall be applied at the rate of half in respect of children.”
Article 18 – Article 137 of law 5271 have been added the following sentence to the third paragraph of article, the fourth paragraph of the “investigation” into the phrase come from “or prosecute” the phrase was added, and in the paragraph “the prosecutor’s office,” the phrase “the prosecutor’s office or the court, was amended.
“In the event of an acquittal decision, the records related to the detection or listening are destroyed by the same procedure under the supervision of a judge.”
ARTICLE 19 – The “described”contained in the fourth paragraph of Article 170 of Law No. 5271. the phrase “is explained “; the events that make up the uploaded crime and information that has nothing to do with the evidence of the crime are not included. it has been changed to ”.
ARTICLE 20 – The following sentence has been added to the first paragraph of Article 176 of the Law No. 5271.
“In addition, information about the indictment and the date of the trial are also notified by using these tools if contact information such as phone, telegram, fax, electronic mail is found in the file, but the results linked to the call sheet are not applied 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 forced fetch” has been added to the second paragraph to come after the phrase “call to be made”.
“When the prosecution phase is started, an indictment is added to the call sheet. In addition, information about the indictment and the date of the hearing are also notified by using these tools if contact information such as phone, telegram, fax, electronic mail is found in the file.”
ARTICLE 22 – The fourth paragraph of Article 250 of Law No. 5271 “base sentence” is to come after the phrase “and if the conditions are discovered, the provisions on the crime have been applied chaining determined from the sentence after the phrase” and added the following sentence to the eleventh paragraph of the matter is the eighth and the ninth paragraph, “the terms of reasoning and the action of the series takes place if the procedure is within the scope of a claim in accordance with the determined sanction, believes that” the phrase “the circumstances occurred, if it is determined that the action is within the scope of the serial procedure of reasoning and that a conviction decision should be made according to the available evidence in the file, in accordance with the provisions of paragraphs four to seven, not heavier than the sanction specified in the request letter,”and paragraph fourteenth has been amended as follows.
“Sanctions are a violation of this paragraph is designated as held made a material error in the Article 50 Article 51 article 231 of the Turkish penal code or sanction about Pearl in the implementation of the objective conditions occur or as to the nature of the proposed penalty does not specify appropriate security measures, apparently in order to remedy the deficiencies of the demand letter by the court, the public prosecutor will be returned. After the deficiencies are completed and the erroneous points are corrected by the public prosecutor, the request letter is re-edited and sent to the court.”
“The procedure of serial reasoning does not apply if a crime covered by it has been committed together with another crime that is not covered.”
“(14) The decision established by the court in accordance with the ninth paragraph may be appealed. The appeal authority shall examine the appeal 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.
“in accordance with the second paragraph of Article 175, a simple trial procedure is not applied after the day of the hearing has been determined.”
ARTICLE 24 – Subparagraph (b) of the third paragraph of Article 268 of Law No. 5271 has been amended as follows.
“b) The examination of appeals against the decisions made by the magistrate’s office regarding arrest and judicial control belongs to the judge of the criminal court of first instance, which is located around the jurisdiction. In cases where the authorities authorized to examine the objection are different, the necessary measures are taken by the magistrate whose decision is being appealed in order to examine the objections without delay. If the affairs of the magistrate are considered by the criminal judge of first instance, the authority to examine the objection belongs to the president of the criminal court of first instance.”
Article 25 – Article 9 of the Law No. 5275 on the execution of sentences 13/12/2004 dated in the fifth paragraph of the temporary article “seven times” the phrase “nine times”, in the form of the sixth paragraph, “31/7/2021” the phrase “was amended to 30/11/2021.
ARTICLE 26 – The following article has been added to the Law dated 30/3/2011 and numbered 6216 on the Establishment of the Constitutional Court and the Judicial Procedures.
“Internship at the court
ARTICLE 73 /A – (1) Candidates for judges and trainees of lawyers may perform internships in Court. The procedures and principles for the implementation of this article are regulated by the regulation.”
ARTICLE 27 – This Law;
a) Articles 16, 17 and 24 on 1/1/2022,
b) Articles 11, 20 and 21 on 1/9/2021,
c) Other articles on the date of publication,
it comes into force.
ARTICLE 28 – The provisions of this Law are executed by the President.
13/7/2021