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CHANGES ON TURKISH IMPRİSOMENT SYSTEM ACCORDİNG TO THE NEW EXECUTION CODE

WHO CAN BENEFIT?
According to the amendment which was made on Penal Execution Code which entered in force on 15.04.2020, the time required to be spent in prison has been significally reduced. The most important point in the Code is that it covers the crimes committed before 30.03.2020. According to the Code, there will be no reduction for crimes committed after 01.04.2020. The previous penal execution system will continue to be implemented.
The most important reduction brought by the Code is, while calculating the time to be spent in prison, to halve the sentence and to delete 3 years from remaining sentence. This means that people sentenced to 6 years or less for crimes committed before 30.03.2020 will not be in prison at all. Because, if the sentence is 6 years, ½ will be 3 years. Since there is an additional probation discount for 3 years, there will be no time left in prison.
If the spent time in prison for some sentences need to be shown;
Those who are sentenced to 7 years will spend 7 months in prison,
Who are sentenced to 10 years will spend 2 years in prison,
Who are sentenced to 15 years of imprisonment will spend for 4 years and 6 months in prison.
However, those who commit the crimes written below will not be able to benefit from the reduction in this law;
  • Murder,
  • Intentional injury to the antecedents, descendents, spouse or sibling, or the person who is unable to defend himself in terms of physical and mental health,
  • Aggravated injury on account of its consequences
  • Torture
  • Torment
  • Crimes against sexual immunity
  • Violation of the confidentiality of communication, eavesdropping and recording of conversations between persons
  • Violation of privacy,
  • Recording of personal data unlawfully, illegally obtaining or giving data, concealing data
  • Production and trade of narcotics and psychotropic substances
  • Crimes against the security of the State,
  • Crimes against the constitutional order
  • Crimes against national defense,
  • Crimes against State confidentiality,
  • Crimes in the Prevention of Terrorism Act
  • Duress of imprisonment in accordance with the Code of Enforcement and Bankruptcy and other codes.
Crimes other than these crimes mentioned above will benefit from the penalty reduction.
Also; for women convicts who have children between the ages of 0-6 and convicts who have completed the age of  70, probation period will be applied as 4 years.  In other words, after the ½ of penalty is calculated, 4 years will be deleted from the remaining part, not 3 years as in other convicts.
Apart from this, convicts who are sentenced but fugitives (who have been sentenced but couldn’t be captured by the law enforcement yet)  will be able to benefit from the new execution code if the crime they committed is within the scope of the code. No special provision has been provided for the fugitives (who run away from prison).
The rate of ½ will not be applied for those who have committed a crime repeatedly. However it is possible to reduce 3 years from their sentence. In other words, they will not be able to benefit from the reduction rate of the new execution code, but they will be able to benefit from the article regarding probation.
When the new execution code is compared with the Decree Law No. 671, which brought reduction to the sentences of crimes committed before 01.07.2016, because of the new Execution Code is in favor of sentenced people, the new code will be applied for crimes before this date as well.
Penalty Increase for 3 Crimes
  1. A crime type introduced by the new execution code that was not previously included in our code is a crime of intentional and malicious injury. Unlike other injuries, if the injury was intentionally committed with a monstrous feeling, the penalty will be increased once.
  2. In addition, if death occurred in the offence of aggravated injury on account of its consequences, the upper limit has been increased from 16 years to 18 years.
  3. In the usury crime, the upper limit of the sentence was increased from 5 years to 6 years.