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.

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