What Is The Suspension Of Execution Clause?
Law No: 5275
Law on the Execution of Criminal and Security Measures (CGTİHK) (EFFECTIVE DATE: 01.06.2005)
Acceptance Date: 13.12.2004
R.G. Date: 29.12.2004
R.G. No: 25685
Postponement of execution upon the request of the convicted person (EFFECTIVE DATE: 01.06.2005)
ARTICLE 17 –
(1) The execution of imprisonment sentences of three years for intentional crimes and five years or less for negligent crimes may be postponed by the Chief Public Prosecutor’s Office upon the request of the convict who comes upon a summons.
(2) Postponement may be applied at most twice, each time for a period not exceeding one year.
(3) In the event that a public lawsuit is filed against the convict for a crime committed intentionally during the postponement period, the postponement shall be lifted and the sentence shall be executed immediately.
(4) Even if the execution of the imprisonment sentences specified in the first paragraph has been started, the execution of the imprisonment sentence may be suspended by the Chief Public Prosecutor’s Office for periods not exceeding six months in compulsory and urgent cases such as the convict’s completion of his/her higher education, the death of his/her parents, spouse or children, or the impossibility of carrying out the family’s commercial activities or cultivating agricultural lands due to the permanent illness or disability of these persons, or the convict’s illness requiring a continuous treatment. However, this suspension may not be granted more than twice.
(5) The acceptance of the request for postponement may be conditional upon the provision of security or other condition.
(6) The provisions of this article shall apply to
a) Those convicted of terrorist crimes, crimes committed within the framework of organizational activities and crimes against sexual inviolability,
b) Those who are decided to be subjected to an execution regime specific to recidivists,
c) Those sentenced to disciplinary or compulsory imprisonment,
does not apply.