The “Bill on
Amending Certain Laws to Ensure the Effective and Efficient Functioning of the
Judiciary,” known publicly as the “12th Judicial Package,” was
submitted to the Presidency of the Grand National Assembly of Türkiye on 22
June 2026. The bill consists of a total of 30 articles, including 29 main
articles and one temporary article, and aims to ensure that judicial
proceedings are completed within a reasonable time and to enhance public
confidence in the judiciary. The bill does not include any provisions regarding
a general amnesty, sentence reduction, or changes to the duration of supervised
release. The bill will enter into force if it is adopted by the Grand National
Assembly of Türkiye and published in the Official Journal. The main amendments
set out in the bill are as follows:
The most notable
amendment introduced by the bill with respect to the Code of Civil Procedure Nr.
6100 is the abolition of the indefinite claim action. Instead of an indefinite
claim action, in partial claims, the amount subject to the claim may be
increased once in the same proceedings, without being subject to the
prohibition on expanding claims, until the completion of the examination phase.
In such cases, the statute of limitations will be deemed interrupted from the
date of filing the lawsuit also with respect to the increased portion of the
claim. In addition, under the amendments made to the Code of Civil Procedure,
the period between hearings may not, as a rule, exceed three months. In
mandatory circumstances, the judge may determine a longer period by providing
justification.
The bill also
introduces significant amendments regarding criminal proceedings. Accordingly,
in line with the Constitutional Court’s annulment decision, the legal framework
for the postponement of the announcement of the verdict has been revised. Under
the proposed amendment, such postponement may be applied in cases involving
offences punishable by imprisonment of two years or less. However, offences
involving torture, torment, and ill-treatment committed by public officials
will be excluded from the scope of this provision. Furthermore, also in line
with the Constitutional Court’s annulment decision, amendments are proposed to
Article 134 of the Code of Criminal Procedure titled “Search, Copying and
Seizure of Data on Computers, Computer Programs and Computer Records.” Accordingly,
data obtained through the application of this measure will be destroyed in the
presence of the public prosecutor after 15 years from the date on which a
decision of non-prosecution or a court judgment becomes final. This matter will
be recorded in an official report to be kept in the case file. The relevant
persons may request the deletion of such data from the judge or the court if
the purpose requiring the retention of the data ceases to exist during this
period or if there is a justified reason.
In the field of
administrative jurisdiction, the scope of cases to be resolved by a single
judge in administrative and tax courts is being expanded. Accordingly,
annulment and full remedy actions with a subject matter value not exceeding TRY
486,000 in 2026, as well as certain disputes concerning students and public
officials, will be decided by a single judge.
Under the bill,
in cases where a decision for the dissolution of co-ownership is rendered, it
is proposed that the first public auctions concerning the immovable property be
conducted exclusively among the heirs.
The bill also
includes provisions regarding amendments to the Notary Public Law to facilitate
electronic access to documents by judicial authorities; the imposition of a
warning penalty in cases where an expert is appointed for matters that can be
resolved through the legal knowledge required for the profession of judge or
prosecutor; the objection authority of the Chief Public Prosecutor of the Court
of Cassation; the electronic sale of the assets of persons under guardianship;
and appointment requirements and terms of office under the legislation
governing the Council of Forensic Medicine. Detailed transitional provisions
regarding the implementation of the amendments have also been introduced. The
final version of the bill will become clear upon completion of the legislative
process.
Source: https://www.tbmm.gov.tr/Haber/Detay?Id=f613369e-6185-4b47-913f-019eeec65b37
