Changes Made To Criminal Law With The 8th Judiciary Package In Turkey – Crime

Eighth Judicial Package, officially published in the Official
Gazette on 12.03.2024 under the name of Law on Amendments to the
Code of Criminal Procedure and Some Other Laws, brings significant
changes in various areas such as criminal law, enforcement, and
bankruptcy law, personal data protection law, and legal timeframes.
In this article, we will examine the changes concerning criminal
laws.

Changes Made in the Penal Code with the Judicial Package

Administrative fines

With the new regulation, the amount of administrative fines has
been increased. While the previous version of the law stipulated a
daily equivalent of administrative fines ranging from a minimum of
twenty to a maximum of one hundred Turkish Liras, with the
amendment, it is now regulated that a daily equivalent of
administrative fines ranging from a minimum of one hundred to a
maximum of five hundred Turkish Liras can be imposed. It was a
matter of concern in the legal community that administrative fines,
which had not been increased since 2005, were losing their
deterrent effect against inflation. With the fivefold increase in
the amount, administrative fines can be imposed somewhat in line
with the purpose of the law.

This provision will come into effect on June 1, 2024.

Change in prepayment amount

Except for offenses covered by reconciliation according to the
Turkish Penal Code, in cases where only an administrative fine or
imprisonment penalty envisaged in the law article does not exceed
six months, if the perpetrator pays the amount calculated at thirty
Turkish Liras per day, along with the investigation expenses,
within ten days upon notification by the public prosecutor’s
office, no public prosecution will be initiated against them. With
the Eighth Judicial Package, the daily amount of 30 TL has been
increased to 100 TL. This provision will come into effect on June
1, 2024.

Changes regarding organized crimes

In cases of armed organizations established with the aim of
committing acts considered as crimes by the law, although a person
does not become a member of the organization, if they commit a
crime on behalf of the organization, they are also punished for
being a member of the organization, and the sentence for being a
member of the organization could be reduced by up to half. The
offense of being a member of an organization was punishable by
imprisonment for two to four years. With the amendment, the limit
of imprisonment has been updated to a minimum of two years and six
months and a maximum of six years.

Additionally, concerning crimes against the security of the
state and crimes committed against the constitutional order,
committing crimes on behalf of an armed organization without being
a member of the organization has also been separately regulated.
According to the regulation, a person who commits a crime on behalf
of the organization without being a member can be punished with
imprisonment for five to ten years, and the sentence can be reduced
by up to half depending on the nature of the crime. These
provisions came into effect on March 12, 2024.

These changes in the Turkish Penal Code have also been reflected
in the Anti-Terror Law.

Offsetting the time spent inside

According to the Turkish Penal Code, the periods spent as a
result of all circumstances that restrict personal freedom before
the judgment becomes final are deducted from the imposed
imprisonment sentence. However, in the case of imposition of an
administrative fine, with the amendment, one day will be considered
as five hundred Turkish Liras, and this amount will be deducted
from the fine. This provision came into effect on March 12,
2024.

Changes Made in the Law on the Execution of Criminal and
Security Measures with the Judicial Package

Changes made regarding administrative fines have also been
reflected in the Law on the Execution of Criminal and Security
Measures. In the previous version of the law, in cases of
non-payment of administrative fines stipulated in laws other than
the Turkish Penal Code No. 5237, convicts were imprisoned with an
account of one day and one hundred Turkish Liras. With the
amendment, this amount has been increased to five hundred Turkish
Liras. Accordingly, the final version of the law states, “In
case of non-payment of administrative fines stipulated in laws
other than the Turkish Penal Code No. 5237, convicts shall be
imprisoned with an account of five hundred Turkish Liras per
day.”

This provision came into effect on March 12, 2024.

Changes Made in the Law on Misdemeanors with the Judicial
Package

The finality limit determined in the Law on Misdemeanors has
been updated. In the previous version of the law, decisions given
upon application against administrative fines up to three thousand
Turkish Liras were final, while in the new version, this amount has
been increased to fifteen thousand Turkish Liras. As of March 12,
2024, decisions given up to fifteen thousand Turkish Liras in
administrative fines will be final upon application.

The deadline for recourse to objection under the Law on
Misdemeanors has been extended to two weeks. With the update, the
period, previously seven days, has been extended, aiming to
harmonize the legal remedy periods in criminal law. According to
the amendment, objections to the final decision of the court will
be made within two weeks from the date of notification according to
the provisions of the Criminal Procedure Code.

The new objection period will be applied to decisions given on
and after June 1, 2024.

Changes Made in the Child Protection Law with the Judicial
Package

The objection period against the decision resulting from a
complaint under the Child Protection Law has been extended to two
weeks. With the extension of the period, which was previously one
week, the aim is to harmonize the legal remedy periods in criminal
law. According to the law, objections can be made to the family
court in the jurisdiction where the office making the transaction
is located within one week from the learning or notification date,
and objections can be made within two weeks from the notification
date against the decision made upon the complaint.

The new objection period will be applied to decisions given on
and after June 1, 2024.

Changes Made in the Law on Judicial Execution with the Judicial
Package

The objection period against the decision resulting from a
complaint under the Law on Judicial Execution has been extended to
two weeks. With the extension of the period, which was previously
seven days, the aim is to harmonize the legal remedy periods in
criminal law. According to the amendment, the interested party or
the relevant public prosecutor can appeal to the Criminal Procedure
Code within two weeks from the notification date.

This new objection period will be applied to decisions given on
and after June 1, 2024.

Changes Made in the Criminal Procedure Code with the Judicial
Package

A. Changes Regarding Deadlines

• Various changes have been made to deadlines in criminal law to
  harmonize legal remedy periods. These deadlines have been set as
  two weeks, abandoning the concept of separate periods for each
  application. The provisions regarding deadlines will come into
  effect on June 1, 2024.




• The period for submitting a reinstatement petition has been
  extended from seven days to two weeks. With the Eighth Judicial
  Package, the current version of the article states, “The
  reinstatement petition shall be submitted to the court that will
  handle procedural matters within two weeks from the removal of the
  obstacle, provided that the procedure is followed.”




• The objection period for decisions of non-prosecution has been
  reduced from 15 days to two weeks. According to the new regulation,
  the current version of the article states, “The aggrieved
  party may appeal to the peace criminal court where the heavy penal
  court serving within the same jurisdiction of the prosecutor
  who issued the decision within two weeks from the date of
  notification of the decision stating that no prosecution will be
  pursued.”




• Provisions regarding deadlines have been introduced in
  simplified trial procedures. Accordingly, “If the simplified
  trial procedure is decided to be applied, the indictment shall be
  served on the defendant, the victim, and the complainant, and they
  shall be requested to submit their written statements and defenses
  within two weeks.”




• The period for objection to judge and court decisions has been
  extended from 7 days to two weeks. According to the amendment,
  “Objection to a judge or court decision shall be made by
  submitting a petition to the authority that rendered the decision
  within two weeks from the date the interested parties learned of
  the decision, or by making a statement to the court clerk, provided
  that it is recorded in the minutes.”




• The period for applying for appeal has been extended from 7
  days to two weeks. Additionally, the period that previously started
  with the notification will now begin with the notification of the
  reasoned decision.




• Prosecutors in heavy penal courts, located within the
  jurisdiction of the court of appeals, may appeal decisions of local
  courts within their jurisdiction to the court of appeals within two
  weeks from the date the decision is received by the district public
  prosecutor’s office. Previously, this period was also applied
  as seven days.




• The response period for the public prosecutor’s appeal has
  been extended from 7 days to two weeks. Similarly, the period for
  the party not applying to appeal to submit a response petition to
  the appeal petition has been extended from 7 days to two
  weeks.




• The period for objection to the rejection of the appeal request
  has been extended from 7 days to two weeks. According to the
  amendment, “The public prosecutor or interested parties who
  apply for an appeal may, within two weeks from the notification of
  the rejection decision, request the regional court of justice to
  rule on the matter. In this case, the file shall be sent to the
  regional court of justice.”




• The period for the public prosecutor to respond to the appeal
  request after a retrial decision has been extended from 7 days to
  two weeks.




• After the acceptance of the retrial request, once the
  collection of evidence is completed, both the public prosecutor and
  the convicted person will be given two weeks to present their
  opinions and thoughts.

B. Regulations Regarding Appeals

One of the most important changes brought by the amendments is
in the procedure for appealing. Before the amendment to the law,
the period for filing an appeal began from the announcement of the
decision in the trial for those present in the hearing. The court
generally did not explain the reasoning but only announced the
verdict. This resulted in cases where the deadline for submitting a
plea was not met in situations where no formal announcement was
made, leading to loss of rights, and the appeal petitions submitted
after the notification of the reasoned decision were rejected.
Although the Constitutional Court had ruled that this constituted a
violation of rights, the practice continued in this manner.
Moreover, with the decision of the Constitutional Court dated July
26, 2023, and numbered E.: 2022/144; K.: 2023/137, the provision of
the article before the amendment, which stated “…from the
announcement of the verdict…” was annulled, but it was
decided that the annulment would come into effect on July 24,
2024.

With the amendment, the appeal request will be made within two
weeks from the date the appeal decision, along with its reasoning,
is served. Thus, the previously seven-day period starting with the
service of the decision will now begin with the service of the
reasoned decision and will be applied as two weeks.

The provision in Article 275 of the Criminal Procedure Code,
which stated, “If the verdict is not announced in the absence
of those who have the right to appeal, the period begins from the
date the court learns of the appeal,” has been annulled. Since
this provision became unnecessary with the regulation of the
starting of the appeal period with the notification, its annulment
is appropriate.

These provisions will come into effect on June 1, 2024.

C. Regulations Regarding Applying for The Court of
Cassation

Parallel regulations have been made for applying the court of
cassation procedure, similar to the regulations introduced for the
appeal process. While the previous version of the law stated,
“The cassation request shall be made by submitting a petition
to the court that rendered the decision within fifteen days
from the date of the announcement of the verdict or by making
a statement to the court clerk, and the statement shall be recorded
and approved by the judge,” the new amendment reduces the
period to two weeks and establishes that the period for lodging a
cassation appeal starts from the date of the service of the
judgment, along with its reasoning.

The provision stating, “If the verdict is not announced in
the absence of those entitled to appeal, the period shall begin
from the date the Court of Cassation learns of the appeal,”
has been abolished. This regulation became unnecessary with the new
rule that the period starts with the notification.

The provision stating, “If the verdict is not notified to
the prosecutor or the interested parties with its reasoning, the
reasoning shall be notified within seven days from the date the
Court of Cassation learns of the appeal,” has been abolished.
This regulation became redundant with the new rule that the period
starts with the notification.

Changes have been made to the content of the prosecutor’s
cassation appeal petition. According to the amendment, the
prosecutor will clearly state in the cassation petition whether the
appeal request is in favor of or against the defendant.

The provision titled “Reasons for Cassation” has been
annulled. Since this provision became unnecessary with the
regulation of the starting of the cassation period with the
notification of the reasoned decision, its annulment is
appropriate.

These provisions will come into effect on June 1, 2024.

CONCLUSION

Various amendments have been made to ensure uniformity and
efficiency in the criminal justice system. These amendments aim to
streamline procedures, clarify deadlines, and enhance the rights of
individuals involved in legal processes. By standardizing time
frames and introducing clearer guidelines, the amendments seek to
improve the overall functioning of the justice system.

The amendments introduced through the 8th Judicial Reform
Package also represent a significant step towards enhancing the
effectiveness and fairness of the legal system in Turkey. By
addressing various aspects of criminal procedure, the reforms aim
to promote transparency, accountability, and access to justice for
all individuals.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.