ARTICLE 1 – The phrase “Sixty” in the first and third sentences of the second paragraph of Article 10 of the Administrative Procedure Law No. 2577 dated 6/1/1982, the phrase “Sixty” in the second sentence, the phrase “thirty” in the fifth sentence. The phrase “six” in the sentence has been changed to “four” and the phrase “sixty days” in the sixth sentence has been changed to “thirty days”.
ARTICLE 2 – The phrase “Sixty” in the second paragraph of Article 11 of the Law No. 2577 has been changed to “Thirty”.
ARTICLE 3 – The phrase “sixty” in the first paragraph of Article 13 of the Law No. 2577 has been changed to “thirty”.
ARTICLE 4 – The following sentence has been added to the first paragraph of Article 24 of the Law No. 2577.
“Decisions are written and signed within thirty days from the date of their issuance.”
ARTICLE 5 – The following provisional article has been added to the Law No. 2577.
“PROVISIONAL ARTICLE 10 – 1. For the applications made to the administration in accordance with Articles 10, 11 and 13 before the effective date of this article, the periods before the amendments made with this Law on the specified articles shall apply.”
ARTICLE 6 – The phrase “spouse” in subparagraph (d) of the first paragraph of Article 82 of the Turkish Penal Code dated 26/9/2004 and numbered 5237 has been changed to “spouse, divorced spouse”.
ARTICLE 7 – The phrase “spouse” in subparagraph (a) of the third paragraph of Article 86 of the Law No. 5237 has been changed to “spouse, the spouse from whom she is divorced”.
ARTICLE 8 – The phrase “or the spouse with whom he is divorced” has been added to the subparagraph (b) of the second paragraph of the article 96 of the Law No. 5237, to come after the phrase “spouse”.
ARTICLE 9 – The phrase “or the spouse from whom he is divorced” has been added to the subparagraph (e) of the third paragraph of the 109th article of the Law No. 5237, to come after the phrase “spouse”.
ARTICLE 10 – The following paragraph has been added to Article 12 of the Criminal Procedure Law No. 5271 dated 4/12/2004.
“(6) In crimes committed by using information systems, bank or credit institutions or bank or credit cards as a tool, the courts of the victim’s residence are also authorized.”
ARTICLE 11 – The following sentence has been added to the first paragraph of Article 44 of the Law No. 5271.
“The decision to bring by force; If contact information such as telephone, telegram, fax, e-mail is in the file, the witness is notified by using these tools.”
ARTICLE 12 – The following paragraph has been added to Article 94 of the Law No. 5271.
“(3) The public prosecutor may order the release of the person who is caught outside of working hours upon an arrest warrant issued for the purpose of taking his statement and undertakes to be present before the judicial authority on the specified date. This provision can only be applied once for each arrest warrant. The person who does not fulfill his commitment will be fined one thousand Turkish lira by the public prosecutor of the place where the arrest warrant was issued.
ARTICLE 13 – The phrase “based on concrete evidence” has been added to the third paragraph of Article 100 of the Law No. 5271, after the phrase “about”.
ARTICLE 14 – The following paragraph has been added to the second paragraph of Article 101 of the Law No. 5271.
“d) Judicial control application will be insufficient,”
ARTICLE 15 – The phrase “in subparagraph (e)” in the sixth paragraph of article 109 of the Law No. 5271 has been changed as “in the subparagraphs (e) and (j)” and the following sentence has been added to the paragraph.
“However, every two days spent under the obligation not to leave the residence specified in subparagraph (j) shall be considered as one day in the deduction of the penalty.”
ARTICLE 16 – The phrase “provisions of this article” in the third paragraph of article 110 of Law No. 5271 has been changed as “provisions of the first and second paragraphs of this article,” and the following paragraph has been added to the article.
“(4) At four-month intervals at the latest, whether the continuation of the suspect or the accused’s obligation of judicial control is required; In the investigation phase, upon the request of the Public Prosecutor, the peace judge decides, and in the prosecution phase, the court ex officio, taking into account the provisions of Article 109.
ARTICLE 17 – The following article has been added to the Law No. 5271 to come after article 110.
“Time to pass under judicial control
ARTICLE 110/A – (1) The period of judicial control in matters that do not fall under the jurisdiction of the heavy penal court is two years at the most. However, this period may be extended for one more year by showing the justification in compulsory cases.
(2) In matters that fall under the jurisdiction of the heavy penal court, the period of judicial control is three years at the most. This period may be extended in obligatory cases by showing the reason; The extension period cannot exceed three years in total, and four years for the crimes defined in the Second Book, Fourth Part, Fourth, Fifth, Sixth and Seventh Chapters of the Turkish Penal Code and crimes falling within the scope of the Anti-Terror Law.
(3) Judicial control periods stipulated in this article are applied at half rate for children.”
ARTICLE 18 – The following sentence has been added to the third paragraph of Article 137 of the Law No. 5271, and the fourth paragraph of the article
The phrase “or prosecution” has been added to the paragraph of the “investigation” to come after the phrase “investigation” and the phrase “General Prosecutor’s Office” in the paragraph has been changed to “general prosecutor’s office or court”.
“In case of acquittal, the records of detection or hearing are destroyed by the same procedure under the supervision of a judge.”
ARTICLE 19 – The “explained” in the fourth paragraph of Article 170 of the Law No. 5271. the phrase “explains; Information that is not related to the events constituting the charged crime and the evidence of the crime is not included.” was changed to.
ARTICLE 20 – The following sentence has been added to the first paragraph of Article 176 of the Law No. 5271.
“In addition, information on the indictment and the hearing date; If contact information such as telephone, telegram, fax, e-mail is included in the file, it is also notified by using these tools, but the results linked to the calling paper are not applied in this case.
ARTICLE 21 – The following sentences have been added to the first paragraph of Article 233 of the Law No. 5271, and the phrase “and to bring by force” has been added to the second paragraph after the phrase “call to be made”.
“When the prosecution phase is started, an indictment is added to the call paper. In addition, information on the indictment and the hearing date; In case contact information such as telephone, telegram, fax, e-mail is included in the file, it is also notified by using these tools.”
ARTICLE 22 – In the fourth paragraph of Article 250 of the Law No. 5271, the phrase “and if the conditions are met, the penalty determined after the provisions regarding the successive offense are applied” to come after the phrase “basic penalty” and the following sentences have been added to the eighth and eleventh paragraphs of the article, respectively, and in the ninth paragraph “ In line with the sanction specified in the request, if he/she concludes that the conditions are fulfilled and the action is within the scope of the rapid trial procedure, the phrase “Fourth to seventh paragraphs shall not be more severe than the sanction specified in the request letter, if he/she concludes that the conditions are fulfilled, the action is within the scope of the rapid trial procedure, and that a conviction should be given according to the available evidence in the file”. in accordance with its provisions” and the fourteenth paragraph has been amended as follows.
“The request letter, which is understood to have been drawn up in violation of this paragraph, that a material mistake was made in the sanction determined, that the objective conditions were not met in the implementation of Articles 231 or 50 and 51 of the Turkish Penal Code, or that a security measure in accordance with the nature of the proposed penalty was not specified, shall be submitted to the court in order to complete the deficiencies. It is returned to the Office of the Chief Public Prosecutor. After the deficiencies are completed and faulty points are corrected by the public prosecutor, the request letter is rearranged and sent to the court.”
“The rapid trial procedure shall not be applied in the event that a crime covered by this scope is committed together with another crime that is not covered.”
“(14) It is possible to object to the decision made by the court within the scope of the ninth paragraph. The objection authority examines the objection in terms of the conditions in the third and ninth paragraphs.”
ARTICLE 23 – The following sentence has been added to the first paragraph of Article 251 of the Law No. 5271.
“A simple trial procedure shall not be applied after the hearing date has been determined in accordance with the second paragraph of Article 175.”
ARTICLE 24 – Subparagraph (b) of the third paragraph of Article 268 of the Law No. 5271 has been amended as follows.
“b) The examination of the objections made against the decisions of the criminal judge of peace regarding detention and judicial control belongs to the judge of the criminal court of first instance in which he is in the jurisdiction. In cases where the authorities authorized to examine the objection are different, necessary measures are taken by the criminal judgeship of peace, whose decision is contested, in order to examine the objections without delay. If the works of the criminal judge of peace are handled by the criminal judge of the first instance, the authority to examine the objection rests with the head of the heavy penal court.”
ARTICLE 25 – The phrase “seven times” in the fifth paragraph of the temporary article 9 of the Law on the Execution of Penalties and Security Measures dated 13/12/2004 and numbered 5275 is “nine times” and the phrase “31/7/2021” in the sixth paragraph It has been changed to “30/11/2021”.
ARTICLE 26 – The following article has been added to the Law on Establishment and Trial Procedures of the Constitutional Court dated 30/3/2011 and numbered 6216.
“Court Internship
ARTICLE 73/A – (1) Judge candidates and lawyer trainees may do internship at the Court. The procedures and principles regarding the implementation of this article are regulated by a regulation.
ARTICLE 27 – This Law;
a) Articles 16, 17 and 24 on 1/1/2022,
b) Articles 11, 20 and 21 on 1/9/2021,
c) Other articles on the date of publication,
enters into force.
ARTICLE 28 – The provisions of this Law are executed by the President.