The Penitentiary Code and Probation
Due to the amendments and regulations introduced by Article 105 / A of the Law No. 5275 on the Execution of Criminal and Security Measures, as well as the reorganization of conditional release and probation institutions, there have been significant changes in execution times, and convicts in prison have been granted the right to be released.
Application of the Relevant Law for Crimes Committed Before March 30, 2020
Provisional Article 6 of the Law No. 5275. According to the Article, it was legislated by providing for a different execution regime in terms of crimes committed before March 30, 2020. With these amendments, the following regulations have been introduced on crimes committed before March 30, 2020:
The probation measure will be applied for a period of 3 years.
Those who have been convicted of long prison sentences for a number of crimes will benefit from conditional release provisions if they have executed 1/2 of their total sentences in a penitentiary institution.
However, for crimes committed after March 30, 2020, the execution rules regulated by Article 105 / A of Law No. 5275 will be applied. It should be noted right away that the important thing here is not the date of the conviction verdict issued by the court, but the date of the crime.
With these regulations, convicts with a total sentence of 6 years and below will benefit from the opportunity to be released directly. In terms of sentences that are more than this, these rates will be applied again to calculate the periods of time that should be spent in prison. For example, someone sentenced to 10 years in prison must execute ½ of them (5 years), while 3 years of this will be considered probation, and after spending the remaining 2 years in prison, conditional release will be applied. As a matter of fact, our Execution Law regulates the execution regime in Closed prison, open prison, probation and conditional release order.
However, convicts who have committed the crimes listed below and regulated by the Turkish Penal Code and various laws will not be subject to the execution regulations described above for crimes committed before March 30, 2020, and different execution rates imposed permanently will be applied to them.
Crime of premeditated murder(articles 81, 82, 83),
A crime of intentional wounding committed against a subordinate, superior, spouse or brother, or a person who is unable to defend himself in terms of body or soul, and aggravated wounding as a result,
As a result, the offense of aggravated wounding,
The crime of torture,
The crime of torture,
Crimes against sexual inviolability,
Crimes against privacy and the secret sphere of life,
Manufacture or trade of drugs or stimulants,
Crimes against the security of the state,
Crimes against the constitutional order,
Crimes against national defense,
Crimes against state secrets,
crimes within the scope of TMK (Anti-Terrorism Law) No. 3713, for example, the crime of propaganda of an organization,
Convicts whose right to conditional release was revoked (those whose execution was burned) due to the same provision.