Probation Conditions
In order to benefit from the probation law, certain conditions must be met. In other words, not every convict in prison can directly benefit from this law. Conditions of probation vary according to the nature of the crime (in terms of transition to open prison), the amount of the sentence and the personality of the convict.
In order for the convict to benefit from probation, he must fulfill certain conditions. These conditions can be counted as follows;
Condition for the Convict Who Wants to Benefit from the Probation Law to Spend the Last 6 Months in Open Prison
The requirement to spend the last 6 months in prison will not be implemented until 31.12.2020 in accordance with the temporary 4th article of the Penal Execution Law No. 5275, which entered into force on 01.01.2016. In other words, convicts who want to benefit from the probation law and be released after 31.12.2020 must have spent the last 6 months in an open prison (art.105/A-1). However, there is no requirement to stay in open prison for 6 months in order to benefit from the probation law until 31.12.2020. In other words, in the current practice, it is sufficient for the convict to have the right to go to an open prison.
Conditions for Leaving Open Prison; According to the new regulation, a person who has spent 1/10 of his total sentence in a closed prison and has a certain period of time before his release on probation gains the right to be transferred to an open prison. Since the conditions for leaving the open prison have been made easier, it has also become easier to benefit from the probation law.
However, it should be noted that even if the person is convicted after 31.12.2020 and has not spent the last 6 months in an open prison, if he has met the conditions for leaving the open prison for the last 6 months, he can benefit from the probation law because he has gained this right. In other words, if the convict could not be sent to an open prison against his will, for example, due to lack of space, despite being in a closed prison, he can benefit from the probation law because he meets the conditions for leaving the open prison.
Condition for the Convict to be in Good Conduct
In order for the convict to benefit from the probation law, he or she must be in “good manners”. Whether the convict is doing well or not is decided by taking into account the evaluation report prepared by the prison administration. The convict also has the right to appeal against the report in question to the penitentiary judge.
Submission of a Petition by the Convict with a Request to Benefit from the Probation Law
Probation can only be applied upon request. In other words, the probation law is not a law that can be applied by itself. If the convict makes a request by declaring that he wants to benefit from the law of probation while in prison, the necessary procedures begin. When the convict notifies the Execution Judge to benefit from probation, the Execution Judge has to decide on this request as soon as possible.
The convict must comply with the measures determined for him. For example, he cannot violate this obligation if he is determined to work in a public good job. If it is decided to be under control in a region or house, it cannot be separated from that region or house.
How is the Probation Law for Juvenile Convicts Applied?
Among the convicts who were sent to a juvenile prison after gaining convict status, those who did not continue their education when they completed the age of 18, those who continue their education at the age of 21, regardless of the type of crime, and those who do not continue their education when they complete the age of eighteen, and those who continue their education at the age of twenty-one, regardless of the type of crime and the length of their stay in prison. sent to open prison. Children who are transferred to open prison will be executed in open prison whenever the sentences of other crimes committed before they turn 18 are finalized.
In order for juvenile convicts to benefit from the probation law, they must spend 1/5 of their total sentence in a juvenile school and 1 year remains for their conditional release.
Non-Compliance with Probation
The convict is released because he undertakes to comply with the rules introduced by the probation law. In case of non-compliance with the probation, the form of execution used by the convict disappears. In case of violation of probation, the convict is taken back to prison.
Violation of the Application Requirement within 3 Days of Release
The convict must apply to the Probation Directorate within three days after his release and start participating in the program in accordance with the measure. Failure to comply with this rule will be deemed to have violated the probation law. When the probation law is violated, the convict loses his right to parole and is taken back to prison.
The Convict’s Persistence in Not Complying with the Program of the Probation Directorate
The convict has to continue the program determined by the probation directorate. If the convict “insists on not complying with the program” determined by the directorate, the probation law is violated
r. Failure to comply with the program determined in practice twice is considered as “insistence in not complying with the program”.
Refusal of the Convict to Benefit from the Probation Law
The convict may also waive this right on his own after he is released by taking advantage of the probation law. If the convict makes a request without giving any reason, the practice made due to the probation law is terminated and his sentence continues to be executed in prison.
