4th Judicial Package passes from General Assembly 

2021-07-09 13:44:40


	 

	 

	ANKARA - The 4th judicial package with 27 articles presented to the assembly was accepted at the General Assembly of the Parliament.

	 

	The 27-article ‘’Bill of Law on the Amendment of the Criminal Procedure Code and Some Laws’’, which is known as the ‘’4th judicial package’’ in the public, was accepted in the General Assembly of the parliament. The proposal passed at the General Assembly as it were, with no change in the articles. Accordingly, it was accepted to seek ‘’concrete evidence’’ for catalog crimes such as sexual abuse, willful murder and torture. Lawyers and rights organizations reacted strongly, and the Peoples’ Democratic Party (HDP) and the Republican People’s Party (CHP) had dissenting opinions.

	 

	Offenses against the divorced spouse

	 

	According to the proposal in question, the response time of the administration in 60 days is reduced to 30 days. Crimes committed against the divorced spouse will be considered an aggravating circumstance. The court of the victim's residence will also be authorized in cyber-crimes and crimes related to bank and credit cards. Notifications will also be notified to all parties, if there is in the file, by means of telephone, telegraph, e-mail, etc. If the person arrested for the purpose of taking his/her statement undertakes to be in the relevant jurisdiction on the specified date outside of working hours and on holidays, the Public Prosecutor may order his release, valid once for each arrest warrant. If the person does not fulfill his/her commitment and does not go to the judicial authority, an administrative fine of 1000 TR will be imposed.

	 

	Home detention

	 

	In the judicial control application that requires being in the residence, the two days spent in the residence will be calculated as one day in the deduction of the penalty. It was stipulated that whether the suspect or the accused should continue their judicial control obligation will be decided by the Magistrate upon the request of the Public Prosecutor at the latest every four months during the investigation phase, and by the court ex officio during the prosecution phase. The period under judicial control will be determined as two years at the most for works that do not fall under the jurisdiction of the High Criminal Court. This period may be extended for one more year in compulsory cases by showing the reason. On the other hand, the maximum period of judicial control is three years in matters that fall under the jurisdiction of the High Criminal Court. This period may be extended in obligatory cases by showing the reason. The extension period will not exceed three years in total. In the proceedings made within the scope of the Anti-Terror Law, this extension period will be four years at the most. The periods in this regulation will be applied at half rate for children.

	 

	Convicts may be considered on leave

	 

	With the article added later to the proposal, the period regarding the leave of those who are in open penal institutions due to the Covid-19 epidemic, convicts who are in closed penal institutions but can be allocated to open penal institutions, convicts whose sentence is decided to be executed by means of probation, and convicts who benefit from probation measure extended from July 31 to November 30, 2021.