Enforcement and Bankruptcy Law No. 2004

Within the scope of the Enforcement and Bankruptcy Law No. 2004, a period of 10 days had been stipulated for applications to legal remedies. However, with the newly introduced regulation, it is aimed to unify the statutory periods in both civil and criminal proceedings, and the previously set 10-day periods have been amended to two weeks. This amendment regarding the change in time periods will come into force as of 01/06/2024.

Turkish Civil Code No. 4721

Article 407 of the Turkish Civil Code No. 4721, titled "Penalty Restricting Freedom", has been completely amended. It is stipulated that an adult person, who is held in a penal institution for the execution of a finalized prison sentence, may be restricted or appointed a trustee upon their request.

However, in any case, if an adult person is held in a penal institution for the execution of a finalized prison sentence totaling five years or more, they may be restricted by the Civil Court of Peace even if they do not request it, provided that the court deems it necessary. Nevertheless, the guardianship authority will hear the convicted person before making a decision in this context. This amendment came into force on 12/03/2024.

Turkish Penal Code No. 5237

The daily amount of the judicial fine stipulated in the Turkish Penal Code No. 5237 has been increased, setting the amount corresponding to one day of the judicial fine to a minimum of one hundred and a maximum of five hundred Turkish Liras.

Furthermore, committing a crime on behalf of an organization, even without being a member of the organization, has been regulated as a separate offense under the Penal Code.

Criminal Procedure Code No. 5271

Article 231 of the Criminal Procedure Code No. 5271 (CMK) defines the procedure for postponement of the announcement of the verdict as follows:
"If the imposed penalty following the trial for the offense charged against the accused is imprisonment for two years or less, or a judicial fine, the court may decide to postpone the announcement of the verdict. Provisions related to reconciliation are reserved. The postponement of the announcement of the verdict, except for provisions regarding confiscation, means that the established verdict does not produce any legal consequences for the accused."

Contrary to the previous regulation, it has been introduced that the postponement of the announcement of the verdict can be decided even if the accused does not consent. Additionally, unlike the previous regulation, with this amendment, it is now possible to file an appeal against the decision to postpone the announcement of the verdict. If the decision to postpone the announcement of the verdict is given by the Regional Court of Appeal or the Court of Cassation acting as a first-instance court, it can be subject to appeal. In cases where the fugitive accused has not been interrogated before, it will not be possible to render a decision of conviction or non-imposition of a penalty. Previously, periods ranging from 7 to 10 days were designated for applications to legal remedies under the Criminal Procedure Code. However, with this regulation, it is aimed to unify the statutory periods in both civil and criminal proceedings, and the previously specified 7-10 day periods have been amended to two weeks. This amendment regarding the change in time periods will come into effect as of June 1, 2024.