Penal Execution Law and Probation
Thanks to the legislative changes and regulations brought by Article 105/A of the Law No. 5275 on the Execution of Penalties and Security Measures, and the reorganization of the institutions of conditional release and probation, there have been significant changes in the execution times and the convicts in prison have gained the right to be released.
Implementation of the Related Law in Crimes Committed Before 30 March 2020
With the Provisional Article 6 of Law No. 5275, a different execution regime was enacted for crimes committed before 30 March 2020. With these amendments, the following regulations have been introduced regarding crimes committed before 30 March 2020:
The probation period will be applied as 3 years.
Those who have been sentenced to imprisonment for certain crimes will benefit from the provisions of conditional release if they serve 1/2 of their total sentence in the penitentiary institution.
However, for crimes committed after March 30, 2020, the execution rules regulated in Article 105/A of Law No. 5275 will be applied. It should be noted that the important thing here is not the date of the conviction given by the court, but the date of the crime.
With these regulations, convicts with a total sentence of 6 years or less will benefit from the opportunity to be released directly. In terms of penalties higher than this, these rates can be applied to calculate the time to be spent in prison. For example, a person who is sentenced to 10 years in prison must execute ½ (5 years), 3 years of which will be counted as probation and after spending the remaining 2 years in prison, conditional release will be applied. As a matter of fact, our Law on Execution regulates the execution regime in the order of closed prison, open prison, probation and conditional release.
However, the execution regulations described above regarding the crimes committed before 30 March 2020 will not be applied to the convicts who have committed the crimes listed below and regulated in the Turkish Penal Code and various laws, and different execution rates will be applied to them, which are permanently imposed.
The crime of willful killing (articles 81, 82, 83),
The crime of willful injury and aggravated injury due to its consequences, committed against a descendant, descendant, spouse or sibling, or a person who is unable to defend himself in terms of body or spirit,
The crime of aggravated injury as a result,
Torture crime,
crime of torment,
Offenses against sexual immunity,
Offenses against private life and the secret sphere of life,
Manufacturing or trading of drugs or stimulants,
crimes against the security of the state,
crimes against the constitutional order,
crimes against national defense,
crimes against state secrets,
Offenses falling within the scope of the TMK (Anti-Terror Law) No. 3713, for example, the crime of propaganda for an organization,
Convicts whose conditional release right has been revoked (whose execution has been suspended) due to the same provision.
