As previously noted, the 11th Judicial Reform Package envisaged a legislative amendment removing the requirement to have been in a penal institution as of 31 July 2023, allowing persons convicted of offences committed on or before that date to benefit from earlier transfer to an open penal institution and/or release under probation supervision.
The Official Gazette No. 33118 of 25/12/2025 published the “Law Amending the Turkish Criminal Code, Certain Other Laws and Decree-Law No. 631” which amended Provisional Article 10 of Law No. 5275 on the Execution of Sentences and Security Measures.
The previous and amended versions of Provisional Article 10 of Law No. 5275 are set out below:
| Previous Version | Amended Version |
|---|---|
Provisional Article 10 (…) (6) Except for offences defined in Book Two, Part Four, Chapters Four, Five, Six and Seven of the Turkish Criminal Code, offences falling within the Anti-Terror Law and offences committed in the course of an organisation’s activities, convicted persons who were in closed penal institutions as of 31/7/2023 may transfer to an open penal institution once the following conditions are met: they have served one month in closed custody if their total prison sentence is less than ten years, or three months if it is ten years or more, and have three years or less remaining until eligibility for open custody under the applicable legislation. These persons, together with convicted persons who were in open penal institutions on 31/7/2023 under paragraph six of Provisional Article 9, may, on request and after at least three months in open custody, benefit from execution of their sentences under probation supervision three years earlier than under the applicable legislation. (7) Paragraph six also applies to convicted persons whose prison sentences, as of 31/7/2023, (a) had been postponed under Articles 16, 16/A or 17, or (b) had been suspended. (8) Paragraph six does not apply to sentences being served in full as of 31/7/2023 following revocation of conditional release (…) [77]. It does apply to those persons’ other prison sentences that were final but had not been executed as of 31/7/2023. | Provisional Article 10 (…) (6) Except for intentional homicide under Article 82(1)(d), (e) and (f) of the Turkish Criminal Code; homicide resulting from the demolition, collapse or damage of buildings or other structures due to an earthquake; offences against sexual inviolability under Articles 102, 103 and 104(2) and (3); offences defined in Book Two, Part Four, Chapters Four, Five, Six and Seven of the Turkish Criminal Code, offences under the Anti-Terror Law and offences committed in the course of an organisation’s activities, convicted persons in closed penal institutions for offences committed on or before 31/7/2023 may transfer to an open penal institution once the following conditions are met: they have served one month in closed custody if their total prison sentence is less than ten years, or three months if it is ten years or more, and have three years or less remaining until eligibility for open custody under the applicable legislation. These persons, together with convicted persons in open penal institutions for offences committed on or before 31/7/2023, may, on request and after at least three months in open custody, benefit from execution of their sentences under probation supervision three years earlier than under the applicable legislation. |
The amendment allows persons whose offences were committed on or before 31/07/2023 to transfer to an open penal institution or benefit from probation supervision three years earlier, without needing to have been in a penal institution on that date.
Unlike the original Bill, the following offences are excluded in addition to offences under Book Two, Part Four, Chapters Four to Seven of the Turkish Criminal Code, the Anti-Terror Law and offences committed in the course of an organisation’s activities:
- Intentional homicide of an ascendant, descendant, spouse, former spouse or sibling;
- Intentional homicide of a child or a person unable to defend themselves physically or mentally;
- Intentional homicide of a woman;
- Homicide resulting from the demolition, collapse or damage of buildings or other structures due to an earthquake;
- Sexual assault and sexual abuse of children;
- The aggravated forms of sexual intercourse with a minor under paragraphs two and three, where the offender is prohibited from marrying the victim, has undertaken pre-adoption care of the child, or owes protection, care and supervision duties within a foster family relationship.
The duration of probation supervision, recidivism rules, revocation of conditional release, disciplinary sanctions, escape or breaches of supervision, and previous benefit from COVID-19 measures require separate assessment. Assuming all these factors favour the defendant, the following examines the execution under the 11th Judicial Reform Package of a sentence of eight years and four months for aggravated embezzlement under Article 160 of Banking Law No. 5411, committed on or before 31/07/2023.
As banking embezzlement is neither subject to a special execution regime nor excluded under the 11th Judicial Reform Package, the conditional release ratio is one half under Article 107 of Law No. 5275. The period to conditional release is therefore four years and two months.
Because the sentence exceeds three years but is under ten years, Article 6 of the Regulation on Transfer to Open Penal Institutions applies: persons sentenced to under ten years must serve at least one month in closed custody, demonstrate good conduct and have less than seven years remaining until conditional release. The person may therefore transfer to an open institution after one month in closed custody.
Under the regime preceding the 11th Judicial Reform Package, the defendant would transfer to an open institution after one month in closed custody and become eligible for probation supervision one year before conditional release. Accordingly, one month in closed and three years and one month in open custody would precede supervision.
Under the 11th Judicial Reform Package, after one month in closed custody the defendant would serve three months in an open institution under Provisional Article 10 of Law No. 5275. Following those three months, eligibility for supervision arises three years earlier, allowing the remaining sentence to be served under supervision after a total of four months in custody.
However, the supervision period, recidivism rules, revocation of conditional release, disciplinary sanctions, escape or supervision breaches, and any special execution provisions must be examined carefully and separately in each case.
In summary, the measure prevents delays beyond a convicted person’s control, such as prolonged investigations or proceedings for offences committed at the same time, from disadvantaging them, and permits transfer to open custody or supervision three years earlier.
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