Parliament Passes Law on Criminal Enforcement

* Photo: Anadolu Agency (AA)

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Jointly prepared by the ruling Justice and Development Party (AKP) and allying Nationalist Movement Party (MHP), the "The Bill of Law Foreseeing Amendments to the Law no. 2/2762 on the Execution of Sentences and Security Measures and Some Laws" passed the General Assembly of the Parliament yesterday (April 13).

After the Parliamentary debate on the bill was completed, the bill was taken to vote during the session attended by 330 MPs of the 600-seat Parliament. While 51 MPs voted against the bill, 279 MPs voted in favor.

After the 70-article bill which will amend 11 different laws is approved by President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan and published on the Official Gazette, it will enter into force.

Political prisoners, journalists excluded

While the bill will enable the release of around 90 thousand convicts amid Covid-19 pandemic, political prisoners, criminals of thought and arrested journalists have not been included in the bill foreseeing reduced prison sentences and early release despite the opposition's efforts.

As reported by the state-run Anadolu Agency (AA), aiming to reduce prison population during the pandemic, the bill will enable home confinement for some inmates over 65, women with children aged six and under and ill prisoners who cannot take care of themselves, while toughening sentences on those who organize criminal groups for the purpose of monetary profit.

Exceptions in the law on criminal enforcement

In announcing the bill to the public at a press statement on March 31, AKP Parliamentary Group Deputy Chair Cahit Özkan told reporters that "sexual offenses, drug offenses, intentional killing offenses, violence against women and terror offenses had been excluded."

Accordingly, the bill of law passed by the Parliament stipulates that the sentences of the convicts given 3 years or less in prison on intentional offenses shall be executed in open penal institutions, except for the ones who have been convicted of terror crimes, establishing and leading or being a member of an organization and offenses relating to organizational activities and the offenses committed against sexual inviolability.

The administrative and monitoring board decisions pertaining to the transfer of the above mentioned convicts as well as the ones sentenced to 10 or more years in prison and convicted for willful killing and production and trafficking of drugs from closed penal institutions to open ones will be executed following the verdict of the administrative judge.

When the requests of the above convicts for transfer to an open penal institution, supervised release and release on probation are to be examined by the administrative and monitoring boards, the boards will be chaired by a chief public prosecutor or a public prosecutor to be appointed by him or her.

After this bill enters into effect, the period to benefit from supervised release will increase from 1 to 3 years. However, these offenses will be excluded:

In terms of offenses committed till March 30, 2020; wilful killing; wilful injury or resulting aggravated injury of lineal kinship, spouses or siblings and the ones not in the physical or mental condition to defend themselves; torture, torment offenses and offenses committed against sexual inviolability; production and trafficking of narcotic and stimulant drugs; and offenses falling within the scope of Anti-Terror-Law (TMK). (TP/SD)