The Law on the Execution of Criminal and Security Measures, jointly prepared by the AK Party and MHP groups, and the Law Proposal for the Amendment of Certain Laws were accepted by the TGNA Justice Commission.
According to the law proposal, amending the Law on Enforcement Judges, to examine and resolve the complaints made against the decisions of the public prosecutor regarding the execution of criminal and security measures among the existing duties of the judge of judgment, to make all decisions required by the judge or the court regarding the execution of criminal and security measures. and tasks to do things are added.
In order to comply with the regulation, the purpose of the Law on Enforcement Judge is to examine and decide on the complaints regarding the proceedings and activities related to the convicts and detainees in criminal execution institutions and detention centers, or the decisions made by the public prosecutor regarding the execution of criminal and security measures, It covers the provisions regarding the execution judges, which were established to take decisions, to carry out the works and to perform other duties given by the law, by the judge or the court regarding the execution of the penalty and security measures. “
In order to fulfill the duties assigned by the Law on Enforcement Judges and other laws, the Ministry of Justice will be established by taking the positive opinion of the Board of Judges and Prosecutors (HSK) in consideration of the geographical situation and work intensity of each province and regions. More than one execution judge can be established where the business situation requires. In this case, enforcement judges will be numbered. Judges appointed to the execution judge cannot be appointed by judicial justice commissions in other courts or jobs.
Execution judges will be referred to by the name of the province or district in which they are located. The jurisdiction of the enforcement judge will be the administrative boundaries of the provincial centers and districts in which they are established and the districts connected to them in a judicial way.
In the provinces with heavy criminal courts and metropolitan municipality, the jurisdiction of the execution judge referred to by the name of the province and district within the boundaries of the metropolitan municipality will be determined by the HSK upon the proposal of the Ministry of Justice regardless of the province or district boundaries. Considering the geographical situation and workload, HSK will decide on the removal of an enforcement judge or changing the jurisdiction upon the proposal of the Ministry of Justice.
The jurisdiction of the enforcement judge will be determined by the location of the proceedings regarding the execution of the judgment. The execution judge will be authorized at the place of the penal execution institution where the operation is carried out or where the operation takes place in terms of the transactions made by the administration or the complaints regarding the convicts and detainees in the penal institutions and detention centers. The execution judge will have a chief editor and enough staff.
With the arrangement, new duties were also given to the execution judges. Accordingly, enforcement judges will examine complaints against the decisions of the public prosecutor regarding the execution of criminal and security measures.
On the other hand, the execution judges will take the necessary decisions and do the works by the judge or court, including the offset regarding the execution of the penalty and security measures, the penalty prescription and the death of the convict.
This decision, proceedings or activities have been made for fifteen days from the date of learning, on the grounds that the proceedings about convicts and detainees in criminal execution institutions and detention centers or the activities related to them or the decisions taken by the public prosecutor regarding the execution of criminal and security measures are against the provisions of the law or other legislation. Execution judgeship can be filed by complaint within thirty days from date.
Appeals can be filed within 7 days
An appeal may be filed against the decisions of the enforcement judge or by the relevant public prosecutor in accordance with the provisions of the Criminal Procedure Code within seven days of notification. This provision will also apply to matters specified in the law to be subject to the approval of the enforcement judge.
Amendments to the Law on Enforcement Judges and the Turkish Penal Code and the Law on the Execution of Criminal and Security Measures regarding the establishment, duties, powers and functioning of the enforcement judges or arrangements that give new duties to the enforcement judges will be implemented as of September 1, 2020. The implementation of the existing provisions will continue until this date.
Due to the changes made regarding the establishment, duty, authority and functioning of the execution judge, no decision of reversal can be made in the ordinary or extraordinary remedy. Until the date of amendments made by law, enforcement judges will be established and put into operation according to the amended provisions taking into account the job and staff status.
If processed with a monstrous feeling, the penalty will be increased by one fold
The prison sentence he has been sentenced to may not be deprived of exercising certain rights in terms of custody, guardianship and trustee powers over the subordinate of the convict whose sentence has been postponed or sentenced by a probation measure.
The convict, who is sentenced or released conditionally by applying a probation measure, may be decided not to be “deprived of performing a profession or art subject to the permission of a public institution or a professional institution as a self-employed person or as a merchant”.
The penalty to be imposed is increased by half, without seeking a complaint, if the crime of deliberate injury is committed against the person who is unable to defend himself in terms of body or soul, against the superior, subtype, subsoil, wife or sibling, by using the influence of the public official’s abuse, without seeking a complaint. In case of a monstrous feeling, the penalty will be increased by one fold.
If death has occurred as a result of intentional injury, in the above cases, a sentence of 12 to 18 years will be imposed.
The penalties for the founders and administrators increase
Those who set up or manage an organization to commit acts that the law deems criminals have been sentenced from two to six years to four years to eight years if the organization’s structure is suitable for committing crimes in terms of the number of members it possesses, and tools and equipment.
The person who lends money to someone else in order to earn a profit will be sentenced to two to six years in prison and a five hundred day judicial fine. If the crime is committed within the framework of an organization’s activity, the penalty to be imposed will be increased one fold.
Judicial control instead of arrest of pregnant women
The suspect, who was found to be unable to sustain her life alone under the conditions of the penitentiary institution due to a severe illness or disability she was exposed to, or the woman suspect who has become pregnant or who has not passed six months from the date of her birth, can be decided to be placed under judicial control instead of being arrested.
If a sentence has been imposed on him and if an appeal or appeal has been filed in relation to this provision, the first instance court, which will give the verdict by examining the UYAP records, will also be able to make a judicial control decision.
If a sentence has been imposed on him and if an appeal or appeal has been filed against this provision, the first instance court, which will give the verdict by examining the UYAP records, will also be able to make an arrest warrant.
In the regulation, the conditions for the execution of the sentences imposed on convicts directly in open penal execution institutions are listed as follows:
– A total of deliberate crimes, excluding those convicted of terrorism, crimes against establishment, management or membership of the organization, crimes committed within the scope of organizational activity and crimes committed against sexual immunity, and those who have been sentenced for the second time, and those who have been sentenced due to the withdrawal of the conditional release order. Those who are sentenced to three years or less in prison,
– Those sentenced to imprisonment for a total of five years or less for negligent offenses,
– Those who are converted to prison in the process of judicial fines,
– Those who are under arrest in accordance with the Enforcement and Bankruptcy Law.
In case the convicts are determined to leave the closed penal execution institution from the closed penal execution institution to the open penal execution institution, by using their rights in good faith, by fulfilling their obligations completely, and by the disciplinary committee, it is determined by the board of directors that it is ready to integrate with the society according to the improvement programs implemented. As a result of the evaluation, the decision will be made.
Those who are sentenced to a total of ten years or more in prison and those who are convicted of terrorist crimes, establishment, management or membership of an organization, crimes committed within the scope of organizational activity, crimes against intentional killing, crimes against sexual immunity, and drug or stimulant production and trade crimes The decisions of the administration and the observation board regarding the separation from the closed penal execution institution to the open penal execution institution will be implemented after the approval of the execution judge.
Those who are convicted in these institutions, including those directly taken to the open penal execution institution, or those who have been detained due to another act, will be sent to the closed penal execution institution by the decision of the administration and the observation board.
Those who have received another disciplinary penalty other than condemnation and whose discipline has been finalized or whose discipline has not been finalized in order to ensure public order and order, will be sent to the closed penal execution institution with the decision of the administration and observation board.
Those who are found to be unable to comply with the terms of the open penal execution institution or working conditions will be sent to closed penal execution institutions with the decision of the administration and observation board and the approval of the execution judge.
Procedures regarding whether the convicts are divided into open penal execution institutions according to their crime and punishment types, the time they spend in open penal execution institutions, sent to closed penal execution institutions, sent directly to open penal execution institutions, and those who are taken directly to open penal execution institutions and sent to closed penal execution institutions and other matters and the principles will be shown in the regulation.
Prison sentences about pregnant women
With the amendment to the Law on the Execution of Criminal and Security Measures, the execution of the prison sentence will be left behind on women who are pregnant or who have not been 1 year and 6 months from the date of their birth.
Even if prison sentences are started, it is impossible for the convict to finish higher education, to be cared for due to the continuous illness or disability of the convict, or for the permanent illness or disability of the convicts, or for the processing of agricultural lands. In the case of compulsory and very urgent cases, such as the fact that the convict’s spouse or children are in need of care due to their permanent illness or disability, or that the convict’s disease requires continuous treatment, the term of imprisonment may be suspended for a period not exceeding one year. However, this break will not be more than twice.
The provisions of the Criminal Procedure Code will be applied in order to be able to search the residence, workplace and closed areas that are not open to the public in order to catch the convict whose arrest warrant has been issued. The search decisions to be made by the judge will be made by the magistrate.
Convicts in open penitentiary institutions can be employed under the supervision of penitentiary institution officers, in the business areas of public institutions and organizations, by hosting these institutions and organizations at night. The time operated in this way will be added to the time to be executed by applying a probation measure regardless of the maximum time limit.
With the arrangement, the places where the convict is temporarily outside the penal institution for reasons such as trial, health, education and employment will also be considered as an “institution”. Disciplinary sanctions may also be imposed because of the actions and words of the convict that are temporarily held outside the penal institution for reasons such as trial, health, education and employment.
Among the actions requiring deprivation of communication or communication tools or restriction penalties in penal institutions, “To talk to people who do not have the right to meet with the phone number reported to the administration or by referring to another line through technical intervention” was added.
Among the actions that require punishment from one day to ten days, situations such as adding alcohol to the institution, having or using alcohol in the institution were added.