Turkey: Effects Of State Of Emergency Law In Turkey On Prison Sentences Under Criminal Execution Laws

Last Updated: 7 December 2017
Article by Efe Can Akıncı

I. Overview

With the Statutory Decree No.671 dated August 17, 2016 and the recent changes with Regulations No.29987 and No.29824 on Regulation Regarding an Amendment on Placement to Open Punishment Execution Facilities effecting execution of the Law No.5275 on Punishment Execution Law has introduced significant changes.

II. Statutory Decree No.671

Statutory Decree No.671 has rearranged the probation system and introduced a special execution system only for the crimes committed before July 1, 2016.

Accordingly the Statutory Decree sets forth two new amendments for such crimes committed before July 1, 2016:

  • According to Article 32/a of the Decree time period of probation is increased from one (1) year to two (2) years.
  • Article 32/b of the Decree reduces the time that needs to be served in jail before their probationary release to 1/2 of the sentence from 2/3 of the sentence.

III. Exceptions

Not every crime is within the scope of this Statutory Decree and the following crimes listed below excluded:

  • Crimes of voluntary manslaughter (Turkish Criminal Code Article 81,82),
  • Crimes of causing intentional injury to direct kinship relatives, siblings, or against people who are not able to defend themselves physically or mentally (Turkish Criminal Code Article 86/3);
  • Aggravated crimes of intentional injury due to injuries caused (Turkish Criminal Code Article 87);
  • Crimes against sexual inviolability (Turkish Criminal Code Article 102, 103, 104, 105)
  • Crimes against privacy and private sphere of life (Turkish Criminal Code Article 132, 133, 134, 135, 136, 137, 138)
  • Crimes of manufacturing and trading the cordial and narcotic drugs (Turkish Criminal Code Article 188)
  • Crimes against the security of the State (Turkish Criminal Code Articles between 302-308);
  • Crimes against the Constitution and its functions (Turkish Criminal Code Articles between 309-316);
  • Crimes against National Defense (Turkish Criminal Code Articles between 317-325);
  • Crimes against State Secrets and Espionage (Turkish Criminal Code Articles between 318-339);
  • Crimes in scope of Anti-Terror Law No.3713

IV. Regulatory Amendments No. 29284 and No. 29987

Most remarkable change that is introduced to Regulation of Placement to Open Punishment Execution Facilities (open prisons) with the Amendment No.29987 is the reduction of the minimum requirement of serving the prison sentence in closed prisons.

Former and new version of the mentioned Article of the Regulation is shown below:

Former Version

Article 6 - (1) Any convict;

a) Who served 1/10 (one-tenth) of their total sentence in the institutions with good behavior and who has seven years or less years to be eligible for probation...

could be placed at an open prison.
New Version:

Article 6 - (1) Any convict;

a) Who has a total sentence of less than 10 (ten) years and who served 1 (one) month in the institutions and who has a total sentence of more than 10 (ten) years and who served 1/10 (one tenth) of their total sentence in the institutions...

could be placed at an open prison.

Regulation No.29824 brings a new and temporary layout by saying: According to Article 10, except the ones convicted of the exceptional crimes mentioned in the Provisional Clause number 6, for every crime that is committed before 01/07/2016 and requires a prison sentence for five (5) years or less in the closed prison, convicted shall be sent to an open prison in maximum three (3) days after a first observation.

In practical terms this legal arrangement sets forth that any individual who was sentenced for a jail time less than ten (10) years shall serve only a month (1) in closed prison and the ones sentenced for more than ten (10) years shall serve one tenth of their jail time in closed prison and could be placed to open prisons.

Public opinion view is that this new regulation aims to partially clear out the prisons in case of an overcapacity problem that might occur following imprisonment of the suspects who were arrested after the coup attempt of July 15, 2016.

Differences between open and closed prisons could be summarized below:

  • Closed prisons are specifically designed to avoid prisoners to escape and indoor and outdoor security measures are taken. Most of such measures are not applied for open prisons.
  • Open prisons are always available for visitations but closed prisons only allow visitations in certain days and for a specific period of time.
  • Convicts in open prisons are required to work in daily outside jobs in places such as courthouse etc. but this opportunity is not offered to convicts in closed prison.
  • As the architecture of an open prison is more spacious and open, it offers facilities such as a canteen, open yard, theatre hall etc. where such facilities are rarer at closed prisons.

V. Joint Review and Application

As the mentioned information is evaluated jointly it is seen that Statutory Decree No.671 makes important changes in probation and Amendments No.29284 and No.29987 at the Regulation makes changes in placement in penal institutions.

As mentioned above changes that come into force with the Statutory Decree No.671 only covers the crimes committed before July 1, 2016 however, the changes introduced with the Regulations No.29824 and No.29987 are permanent.

When both of these legal modifications are implemented into practice the calculations that will affect the penal system shall be as follows:

For the crimes committed before July 1, 2016:

  • An individual who is convicted to four (4) years of jail time shall serve two (2) years in prison due to 1/2 calculation rate of the Statutory Decree No.671. This two (2) years of jail time shall in the scope of the extended probation period and the convict shall serve his/her sentence during the probation period without being out in prison.
  • An individual who is convicted to seven (7) years of jail time for a crime committed before July 1, 2016 shall be subject to calculation rate of the of the Statutory Decree No.671 which 1/2, accordingly actual time that will be served shall be three (3) years six (6) months and two (2) days. Since it's more than two (2) years, according to Law on Execution of Sentences and Security Measures convict shall not be able to benefit directly from probation. The time that needs to be served before probation is one (1) year six (6) months and two (2) days and according to Regulation on Placement to Open Prison, anyone who is convicted to jail time less than ten (10) years shall serve one (1) month in closed prison and the rest shall be served in an open prison.

For the crimes committed after July 1, 2016:

  • Finally, Law on Execution No.5275 shall apply for the crimes committed "after" 01.07.2016 and as an example: An individual who is convicted to four (4) years of jail time for a crime committed after 01.07.2016 shall serve two (2) years four (4) months and one (1) day in prison since the Statutory Decree No.671 shall not be in force and accordingly jail time calculation rate will be 2/3 instead of 1/2. Also the probation time shall not be calculated in the scope of Statuary Decree No.671 and shall be one (1) year instead of two (2) years. Pursuant to this convict shall be able benefit from probation following a jail time of one (1) year eight (8) months and three (3) days. As Regulation on Placement to Open Prison states that any convicted who gets a jail time that is less than ten (10) years shall serve one (1) month in the closed prison and the rest in the open prison, convicted shall only serve a month and be placed at the open prison under the condition of being in good behavior.
  • An individual who is convicted to seven (7) years of jail time for a crime committed before July 1, 2016 shall not be subject to calculation rate of the of the Statutory Decree No.671 so the calculation rate shall be 2/3, accordingly actual time that will be served shall be four (4) years eight (8) months and three (3) days. Since it's more than two (2) years, according to Law on Execution of Sentences and Security Measures convict shall not be able to benefit directly from probation. The time that needs to be served before probation is three (3) years eight (8) months and three (3) days and according to Regulation on Placement to Open Prison, anyone who is convicted to jail time less than ten (10) years shall serve one (1) month in closed prison and the rest shall be served in an open prison.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions