What Has Changed with the New Enforcement Law (10th Judicial Package)?
1.The penalty limits for intentional injury offenses have been changed: if the injury can be treated with simple medical intervention, the punishment is changed from six months to one year and six months; for other non-qualified cases, it is changed from one year six months up to three years.
a)With the amendment, unlike before, if the intentional injury cannot be remedied by simple medical intervention, even if the punishment is imposed from the minimum limit (except in cases of unjust provocation), the penalty cannot be converted into a fine and will in any case result in a punishment exceeding one year.
2.The amendment to Article 105/A of Enforcement Law No. 5275 limits the right to benefit from supervised release starting one year before the conditional release date, by requiring that at least one-tenth of the remaining time until conditional release—and no less than five days—must be served in prison. This amendment will apply to offenses committed after the enforcement regulation comes into effect.
a)After the amendment, regardless of how short the sentence is, a minimum of 5 days must be served for the convict to be eligible for supervised release.
3.Conditional release rights were granted to repeat offenders.
a)Before the amendment, if the offense involved a second recurrence under the repetition provisions, the convict was not eligible for parole under any circumstances. However, after the amendment, repeat offenders serving fixed-term prison sentences were granted the right to conditional release after serving ¾ of their sentence.
4.The scope of the special execution procedure has been expanded.
a)Before the amendment, the time limits were changed based on the execution of the sentence on weekends, at night, or at home, and with the amendment:
b)The maximum sentence length allowed in the execution of the ruling on weekends and in transitional execution procedures is:
- For intentionally committed crimes, the sentence was increased from 1 year 6 months to 3 years,
- For crimes committed by negligence, it was increased from 3 years to 5 years.
c)The maximum sentence allowed for the execution of the sentence at home (house arrest) is:
- For women, children, and individuals aged 65 and over, it was increased from 1 year to 3 years;
- for individuals aged 70 and over, from 2 years to 4 years;
- and for individuals aged 75 and over, from 4 years to 5 years.
5.With the regulation change, the right to transfer from closed to open prison was granted to repeat offenders convicted for the second time and to those whose conditional release was revoked.
a)Before the amendment, convicts subject to the enforcement regime for violations of supervision or whose conditional release was revoked, as well as repeat offenders (second-time offenders), did not have the right to transfer from closed to open prisons. After the amendment, these convicts were granted the right to transfer to open prisons later on. (They do not have the right to transfer directly to an open prison.)
IN SUMMARY
- The penalty for intentional bodily injury has been increased.
- A condition was introduced requiring that, in order to benefit from supervised release, the convicted person must serve at least one-tenth of the remaining conditional release period (generally one month) in prison, with a minimum of 5 days.
- Conditional release rights were granted to repeat offenders subject to double recidivism rules.
- The scope of special enforcement procedures (such as house arrest, weekend detention, night detention, etc.) has been expanded.
Non-Enforcement Changes
- The monetary limits in the Enforcement and Bankruptcy Law will now be determined based on the date the lawsuit is filed, not the date the judgment is given.
- In administrative courts, whether regarding the initiation of hearings or the limits for appeals and cassation, the monetary limits at the time the lawsuit is filed will be taken as the basis.
Views: 0
