GNAT Justice Commission Accepts 8th Judicial Package: Implications for Judiciary Reform
The 8th Judicial Package: Significant Changes Coming to Turkish Criminal Law
The Justice Commission of the Turkish Grand National Assembly has approved the Bill on Amendments to the Code of Criminal Procedure, Some Laws and the Decree Law No. 659, commonly referred to as the “8th Judicial Package”. This proposal, which encompasses a multitude of important changes, is now set to go to the General Assembly of the Turkish Grand National Assembly for further deliberation. If the proposal is enacted into law, individuals seeking compensation for non-pecuniary damages resulting from prolonged trial periods will be able to seek recourse through the Compensation Commission under the Ministry of Justice rather than the Constitutional Court (AYM).
Additionally, several regulations that were nullified by the Constitutional Court have been re-introduced with amendments according to the reasons for nullification. Notably, the act of “committing a crime on behalf of an organization without being a member of it” will be established as a distinct offense. Those found guilty of this crime will be deemed to have committed both the crime itself and the crime on behalf of the organization, and will consequently be punished separately. Furthermore, the ability to appeal against decisions to suspend verdicts will be granted.
Under this new legislation, serving a prison sentence will no longer automatically warrant the appointment of a guardian ex officio, as the convict will now be required to request it. Furthermore, adjustments will be made to judicial fines.
The 8th Judicial Package includes several significant changes to the Turkish criminal justice system. Notably, it will differentiate the act of committing a crime on behalf of an organization from the act of being a member of said organization, imposing separate punishments for those found guilty. Additionally, in a bid to enhance the effectiveness of crime deterrence, the lower and upper limits for judicial fines will be increased. The package also introduces the ability to appeal against final decisions made by the legal chambers of the regional court of justice and sets new regulations regarding the appointment of trustees and the handling of special personal data.
Furthermore, support and practices to strengthen the industrial infrastructure in earthquake-prone areas will be extended for an additional year.
It is evident that the 8th Judicial Package represents a comprehensive overhaul of the Turkish criminal justice system, introducing a wide array of changes that are poised to have a significant impact on various aspects of the legal landscape. As the package moves to the General Assembly for further review, it is expected to generate extensive debate and discussion among lawmakers before potentially being approved into law.
