New Criminal And Enforcement Law Regulations Under The 10th Judicial Reform Package

The Law No. 7550 on the Enforcement of Criminal and Security Measures and on Amendments to Certain Laws, commonly referred to by the public as the 10th Judicial Reform Package, was published in the Official Gazette dated June 4, 2025, numbered 32920 (1st Repetition). The Constitutional Court's annulment rulings largely served as the foundation for these legislative changes. This article examines the amendments brought by the 10th Judicial Reform Package in relation to criminal and execution law.

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Amendments to the Turkish Penal Code

With the 10th Judicial Reform Package, the minimum and maximum penalties for certain offenses regulated under the Turkish Penal Code have been increased. For the offense of intentional injury, the minimum sentence has been raised from one year to one year and six months. In its simple form, the punishment has been increased by 50%.

In aggravated cases of intentional injury—such as where the act results in permanent weakening of one of the victim's senses or organs, permanent speech impairment, a permanent facial scar, a life-threatening condition, or premature birth in cases involving pregnant women—the term of imprisonment has been increased by approximately one year on average.

For the crime of threats, which previously only had an upper limit defined by law, a minimum threshold has now been introduced. Accordingly, sentences for the offense of threats will now range between 2 and 6 months. In its aggravated form, the upper limit has been set at 7 years.

For the offense of endangering traffic safety, the minimum sentence has been increased from three months to four months. Driving under the influence of alcohol or drugs now carries a prison sentence ranging from six months to two years. This offense has been codified separately and punished more severely under the new law.

According to the explanatory note accompanying the legislation, these increased penalties were particularly prompted by conflicts and disputes occurring in traffic. The fact that such incidents—frequently trending on social media—have led to the enhancement of legal penalties provides a striking example of the influence and reach of social media today.

The rationale is explained as follows: It is a well-known fact that in recent years, actions that endanger the life and property security of individuals in traffic have significantly increased. Due to the rising population and number of vehicles, traffic congestion has led to a considerable number of accidents resulting in deaths or injuries, along with substantial economic losses. This, in turn, indirectly undermines public peace and order. Ensuring traffic discipline, which affects a majority of the population daily, is essential for public safety and the protection of individuals' lives, physical integrity, and property. Therefore, in order to strengthen the fight against acts disrupting traffic order and to ensure the safety of life and property in traffic, it is aimed to increase the penalties for certain offenses and redefine their constituent elements.

Amendments to the Law on Enforcement of Criminal and Security Measures

Due to the extensive changes introduced to the execution law, the Law on the Enforcement of Criminal and Security Measures has lent its name to the 10th Judicial Reform Package. Article 105/A of the law, which governs probation, has been amended to include the following provision: In order for the convict to benefit from this execution procedure, they must have served at least one-tenth of the time required to be spent in the penal institution until the date of conditional release, and this period must not be less than five days. This is a significant change as it effectively abolishes the concept of "non-custodial sentences." It mandates that at least five days, or 10% of the imposed sentence, must be served in prison. For instance, before this reform, individuals sentenced to less than two years' imprisonment were not required to serve time. Now, even these individuals must spend a minimum of five days in prison. As an example, under the new rule, someone sentenced to 20 months in prison will only become eligible for probation after serving 2 months. This provision shall apply to offenses committed after June 4, 2025.

According to the article, in order to support the reintegration of inmates into society and to maintain and strengthen family ties, well-behaved convicts held in open penal institutions or juvenile training centers who have one year or less remaining before their conditional release may, upon request, serve the remainder of their sentence under probation. This decision will be rendered by the enforcement judge located in the same jurisdiction as the Chief Public Prosecutor's Office, which handles the execution of the judgment, taking into account the evaluation report prepared by the penal institution's administration. However, the convict must still serve at least one-tenth of the remaining sentence in the penal institution, and this period may not be less than five days.

Regarding repeat offenders, the provisions on recidivism were previously applicable only to those who committed a second offense. There were no specific rules for those committing a third offense. Under the new execution law, the conditional release ratio for second-time repeat offenders has been set at three-fourths, and they may only benefit from conditional release after serving 80% of their sentence in prison.

The 10th Judicial Reform Package also amended provisions on special execution procedures, expanding their applicability. Previously, individuals convicted of intentional offenses were eligible for partial execution of their sentence outside of prison if the sentence was one year and six months or less; for negligent offenses (excluding negligent homicide), the limit was three years or less. Under the new law, these thresholds have been raised to three years for intentional offenses and five years for negligent offenses. Additionally, convicts who are women, children, or persons over 65 years of age may now serve up to three years of imprisonment under home detention. This threshold increases to four years for those aged 70, five years for those aged 75, and six years for those aged 80 or older.

Previously, inmates who could not sustain their lives alone in penal institution conditions due to severe illness or disability were only eligible for home detention if they were sentenced to five years or less. The new law abolishes the five-year limit. Now, any convict who is not sentenced to aggravated life imprisonment and does not pose a significant and concrete threat to public safety may be placed under home detention. Thus, even life-sentenced inmates who are unable to care for themselves may serve their sentence at home. For convicts whose total sentence exceeds ten years, electronic monitoring devices are mandated. These cases will be reviewed annually by the public prosecutor, and those who recover sufficiently will be returned to the penal institution.

The scope of home detention for mothers with children has also been broadened. Before this reform, mothers sentenced to three years or less, or whose judicial fine was converted into imprisonment, and who had given birth more than six months prior, could serve their sentence at home upon decision by the enforcement judge. This duration has now been extended to five years. Previously, those serving home detention were not eligible for probation; however, under the 10th Judicial Reform Package, they are now granted the right to benefit from probation.

Conclusion

Enacted on June 4, 2025, the 10th Judicial Reform Package has redefined numerous long-debated issues within the realms of criminal law and the penal execution system. With this law, penalties for certain offenses under the Turkish Penal Code have been increased, while significant amendments have been introduced to the Law on the Execution of Penal and Security Measures to better align with public expectations.

Notably, the abolishment of the concept of "non-custodial sentences" has rendered the execution of prison terms in correctional facilities mandatory. This reform puts an end to the public's disapproval of the practice whereby convicts sentenced to imprisonment could avoid incarceration altogether. By restructuring the duration of probation, broadening the scope of home detention, and clarifying special execution rules for women, the elderly, and disabled inmates, the legislation aims to create a more balanced and predictable enforcement system.

The overarching objectives of the 10th Judicial Reform Package are to enhance the deterrent effect of criminal sanctions, reinforce the principle of justice in enforcement, and enable more effective prosecution of crimes that threaten public order. Nonetheless, the practical success of these reforms will depend on the coordination of relevant institutions, robust oversight, and the diligent execution of enforcement procedures.