The
bill publicly known as the “12th Judicial Package,” titled the Bill
on Amendments to Certain Laws Regarding the Effective and Efficient Functioning
of the Judiciary, was adopted by the General Assembly of the Grand National
Assembly of Türkiye. Although it has not yet been published in the Official
Journal, the bill introduces significant changes to the Turkish Penal Code and
the Code of Criminal Procedure, particularly regarding participation in fraud
offenses, the retention of genetic examination results, and the deferral of the
announcement of the verdict (HAGB).
Under
the current system, there is no specific sentence reduction provision for
individuals who provide their bank account, credit card or payment instrument
to another person for use in committing a fraud offense. Under the provision to
be added to Article 158 of the Turkish Penal Code, where participation in fraud
or aggravated fraud is limited solely to providing a person’s bank account,
payment instrument or the information and means enabling their use, the
sentence will be reduced by half. Thus, the amendment aims to ensure that the
difference in the contribution to the offense between the principal offenders
and those who allow their accounts to be used, in what is commonly known as
“IBAN lending”, is reflected in the sentence imposed.
Article
80 of the Code of Criminal Procedure provides that the results of genetic
examinations constitute personal data and must be destroyed immediately
following certain decisions but does not provide for a centralized data
retention system. Under the bill, the data would be recorded in a dedicated
system after being anonymized, with a copy retained in the case file as
evidence and, in certain circumstances, preserved for twenty years. The person
concerned would be entitled to request the deletion of the data where the
relevant conditions are met, and the information could only be used in an
ongoing investigation or prosecution upon a decision of a judge, court or
public prosecutor.
The
right to appeal HAGB decisions is not being introduced for the first time. This
avenue of appeal was introduced by Law Nr. 7499, which entered into force in
2024. Following the Constitutional Court’s annulment decision, the bill
re-regulates Article 231 of the Code of Criminal Procedure, maintaining the
possibility of applying HAGB to prison sentences of two years or less or
judicial fines, while expressly providing that HAGB may not be applied to the
offenses of torture and torment, or to offenses committed by public officials
in connection with their duties that may constitute ill-treatment within the
scope of Article 17 of the Constitution. For decisions rendered by a regional
court of appeal or by the Court of Cassation acting as a court of first
instance, the right to appeal to the Court of Cassation is maintained.
The
regulation adopted by the Grand National Assembly of Türkiye (TBMM) is expected
to enter into force upon its publication in the Official Journal following
approval by the President. The amendments aim to strengthen uniformity in the
application of the criminal justice system and make judicial proceedings more
effective.
Sources:
https://www.adalet.gov.tr/12-yargi-paketi-tbmm-genel-kurulunda-kabul-edildi
https://www.tbmm.gov.tr/Haber/Detay?Id=f613369e-6185-4b47-913f-019eeec65b37
