Sibel Yükler
The "8th Judicial Reform Package," officially titled "Amendments to the Code of Criminal Procedure and Various Laws and Decree-Law No. 659," was submitted to the Turkish Parliament by the AKP on February 16. The discussion of the package began in the Parliament's Justice Commission on February 20.
The package, long worked on by the AKP and introducing amendments to the Turkish Penal Code (TCK), consists of 43 articles. According to the proposal, the Compensation Commission, temporarily established within the Ministry of Justice, will be made permanent. This Commission will also decide on moral compensation claims related to violations of the right to a trial within a reasonable time.
One of the most striking amendments in the proposal concerns a provision related to the offense of "committing a crime on behalf of an organization without being a member," which was annulled by the Constitutional Court (AYM) in September. The Court had ruled that "the regulation was not sufficiently clear and predictable to prevent arbitrary applications by public authorities and thus did not meet the requirement of legality." However, the new amendment does not fully consider the AYM’s decision requiring "concrete reasons." Instead, a new paragraph is added to Article 314 of the TCK, which regulates the "armed organization" article. According to the amendment, this act will now be considered an independent crime, and individuals committing this act will be separately punished for both the 'crime' committed and for 'committing a crime on behalf of an organization.' The sentence for the committed crime can be reduced by up to half depending on its nature.
Another significant amendment in the proposal pertains to the deferral of the announcement of judgments (HAGB). Accordingly, HAGB will apply to defendants sentenced to imprisonment for two years or less, allowing them to appeal the decisions and take them to the regional courts of justice. The decision will now be enforced with the judgment.
The proposal also increases the limits for judicial fines. As of June 1, 2024, the lower limit for a one-day judicial fine will be raised from 20 to 100 Turkish Liras, and the upper limit from 100 to 500 Turkish Liras.
Key provisions in the 8th Judicial Reform Package include:
- Independent crime for "committing a crime on behalf of an organization": The act, previously annulled by the AYM, will be regulated as an independent crime. Individuals accused of committing a crime on behalf of an organization, without being a member, will be additionally sentenced to imprisonment ranging from 2 years and 6 months to 6 years. The sentence can be reduced by up to half depending on the nature of the committed crime. This provision will only apply to "armed organizations." Individuals will be punished separately for the crime committed and for committing a crime on behalf of an organization.
- New arrangement for the deferral of the announcement of judgments (HAGB): Under the Criminal Procedure Code, the court can defer the announcement of the judgment if the defendant is sentenced to imprisonment of two years or less or to a judicial fine. To defer the announcement of the judgment, the defendant must not have been previously convicted of an intentional crime, the court must be convinced based on the defendant's personality and behavior that they will not commit a crime again, and the harm caused to the victim or the public by the crime must be fully compensated.
- Appeal path opened for HAGB: If the defendant commits a new intentional crime during the supervision period or fails to comply with probationary measures, the court will announce the judgment. The court can decide not to enforce part of the sentence or to convert the prison sentence into alternative sanctions. The announced or newly established judgment can be appealed.
- Compensation Commission to decide on ECHR and AYM applications: The Compensation Commission, temporarily established within the Ministry of Justice, will become permanent and handle compensation claims for violations of the right to a trial within a reasonable time, as well as claims deemed inadmissible or dismissed by the AYM and ECHR.
- Increase in judicial fines: The limits for judicial fines in the TCK will be increased. The lower limit will be 2,500 Turkish Liras, and the upper limit will be 500,000 Turkish Liras. For converted judicial fines, a failure to pay will result in imprisonment based on a rate of 500 Turkish Liras per day.
- No judgments for fugitive defendants: The AYM had annulled the provision allowing conviction judgments for defendants who had not been interrogated. According to the new regulation, not only conviction judgments but also decisions stating that there is no room for punishment will not be made for fugitive defendants, potentially leading to the statute of limitations for some cases.
- House arrest to count as 'punishment': Restrictive measures like house arrest will be offset against the punishment given, like imprisonment. If a person under house arrest is either acquitted or the case is dismissed, they can claim compensation.
- Appointment of trustees for companies involved in certain crimes: In cases where crimes like "laundering of assets derived from a crime, membership in an armed organization, financing of terrorism" are committed within the scope of a company's activities, the Savings Deposit Insurance Fund can be appointed as a trustee.
- Changes in appeal demands and periods: Changes in the Criminal Procedure Code will allow for appeals within two weeks from the date of notification of the judgment with its reasoning. Public prosecutors in the jurisdiction of the regional courts of justice can also appeal within two weeks from the date the decision is received by the local public prosecutor's office.
- Standardization of appeal periods: The periods for filing appeals in criminal cases will be standardized, with appeal periods being set as either "two weeks" or "a month," starting from the notification of the decision. These changes will be effective for judgments given on or after June 1, 2024.
- Temyiz (appeal to the Court of Cassation) demands and period: Appeals to the Court of Cassation must be made within two weeks from the date of notification of the judgment with its reasoning. The appellant must state why the judgment should be overturned, and the public prosecutor must clearly state whether the appeal is in favor or against the defendant. The changes will apply to judgments given on or after June 1, 2024, and previous judgments will continue to be governed by the previous provisions.
