In the recent session of the Turkish Parliament, also known as the Grand National Assembly of Turkey (TBMM) , the 10th Judicial Package was approved with significant modifications. This package includes notable changes that affect the Turkish Penal Code and other regulations, leading to an amendment in how several crimes are punished. This article delves into major updates stemming from this new legislation.
MAJOR REVISIONS IN PUNISHABLE OFFENSES
The recent changes particularly impact penalties relating to violent crimes . The second clause of Article 35 of the Turkish Penal Code (TCK), which concerns the “attempt to commit a crime,” has been notably amended. Instead of the previous “thirteen to twenty years,” the revised sentence now spans “fourteen to twenty-one years” for aggravated offenses. Additionally, the sentence for life imprisonment will now range from “ten to eighteen years,” as opposed to the previous “nine to fifteen years.” These revisions clearly indicate a tightening of sentencing for serious crimes.
CULPABLE BODILY HARM OFFENSES – INCREASED PENALTIES
Moreover, Article 86 of the TCK has undergone changes concerning culpable bodily harm . The minimum sentence for committing such offenses has been raised from one year to one year and six months . If the injury necessitates simple medical intervention, the maximum sentence has been modified from “four months to one year” to “six months to one and a half years.” This reflects a hard-line approach to violence and bodily harm, aiming to deter would-be offenders.
In terms of aggravated injury under Article 87, the minimum penalties have been adjusted upwards. For particularly heinous cases, such as causing lasting impairment to a sense or organ, the minimum sentence has increased from three years to four years .
THREATS AND TRAFFIC OFFENSES – STRICTER REGULATIONS
Changes are also evident in Article 106 regarding threat crimes . The maximum penalty for aggravated threat offenses will now rise from five years to seven years . This adjustment further emphasizes a commitment to public safety and reducing threats against individuals.
Additionally, increased penalties are established for traffic offenses . For driving under the influence of alcohol or drugs, the minimal penalty has doubled from three months to six months . This asserts a rigorous stance on road safety and the dangers posed by impaired driving.
EXPANDED SCOPE OF IN-HOME EXECUTION OF SENTENCES
This legislation further expands the rules governing the in-home execution of sentences. Under the amended Article 110 of Law No. 5275, the scope of in-home sentences – which previously applied to certain groups such as women and individuals aged over 65 – has been widened. For example, individuals over 80 years old will now be eligible to serve up to six years of their sentence at home. The regulations surrounding mandatory in-home execution for seriously ill inmates or individuals with disabilities have also been refined.
REPEAL OF EIGHT SECTIONS FROM THE PACKAGE
Despite the extensive revisions included in the operational text of the legislation, it is noteworthy that eight sections were extracted through consensus among parliamentary members. Among these removed items were those pertaining to adjustments related to internet regulations and a significant shift in the treatment protocol for juvenile offenders.
Furthermore, regulations allowing the Turkish Telecommunication Authority (BTK) to remove online content without a court order were also struck from the proposal, highlighting a collective concern regarding digital freedoms and user rights.
To summarize, the 10th Judicial Package introduced in the TBMM represents a pivotal shift in Turkey’s approach to justice, particularly concerning violent crime , traffic safety , and penal reforms . The extracted sections showcase the delicate balance between seeking justice and ensuring rights, signaling an ongoing evolution in Turkey’s legal landscape.