7th Judicial Package Study Completed
The Ministry of Justice has completed its work on the 7th Judicial Package. Disputes arising from the lease relationship, disputes regarding the elimination of partnership, disputes arising from condominium ownership and disputes related to neighboring rights will be included in the scope of mandatory mediation. Houses will no longer be seized without a judge’s order.
IMPORTANT REGULATIONS FOR THE FIGHT AGAINST DRUGS
In order to make the criminal sanctions for synthetic drugs and stimulants, which are highly addictive, more deterrent, synthetic cathinones and their derivatives, synthetic opioids and their derivatives, amphetamines and their derivatives are considered as narcotic substances and these are also included in the scope of punishment. Thus, the lower limit of the penalty for the offense of manufacturing and trafficking of the aforementioned substances is increased from 10 years to 15 years imprisonment.
In order to combat the manufacture and trafficking of drugs more effectively, the secret investigator assigned for the offense of manufacture and trafficking of drugs or stimulants will be allowed by the judge to make audio or video recordings in public places and workplaces.
It is made compulsory for the criminal judge of peace to decide on the confiscation and destruction of the confiscated substance at the investigation stage after receiving a final report that the confiscated substance is a narcotic substance. Thus, the destruction of drugs will be ensured without waiting for the finalization of the investigation or prosecution.
It is envisaged that the process of treatment and/or probation measures to be applied to those who use drugs or stimulants and those who purchase, accept or possess drugs for this purpose can be operated more effectively.
– The extension period for treatment and/or probation measures is increased from 1 year to 2 years and the suspect is kept under treatment and/or supervision for a longer period of time.
– Furthermore, it is made obligatory for the public prosecutor to refer the suspect to the relevant institution at least twice a year in order to determine whether the suspect has used drugs or stimulants during the postponement period.
– It is ensured that the postponement decision made by the public prosecutor about the suspect is notified to the law enforcement units and it is made possible for the law enforcement units to notify this decision to the suspect personally.
With Article 12/A added to the Law on Probation Services, rehabilitation measures specific to drug or stimulant addicts are developed and the responsibilities of public prosecutors and personnel working within the scope of probation are regulated in detail in terms of the follow-up of obligations.
It will be made compulsory for those convicted of using drugs or stimulants to participate in treatment and rehabilitation programs in penal institutions.
SPECIAL PRISONS WILL BE ESTABLISHED FOR THE TREATMENT OF DRUG ADDICTED CRIMINALS
– In addition, it is made possible to open separate penal execution institutions where treatment and rehabilitation programs will be implemented or to arrange a part of the existing penal execution institutions for this purpose.
– Furthermore, convicts who have been sentenced for the crime of drug use and who have been placed on probation are additionally obliged to participate in treatment and rehabilitation programs.
In order to ensure that treatment and rehabilitation centers are put into operation as soon as possible and that the services to be carried out are not interrupted, an arrangement is being made to allocate funds to the budgets of the relevant Ministries and to assign personnel for this purpose.
REGULATIONS ON THE ATTORNEYSHIP AND LEGAL AID SYSTEM
New lawyers are financially supported by ensuring that bar association fees are not charged for the first five years of the legal profession.
REGULATIONS ON MEDIATION
*Disputes arising from the lease relationship (except for eviction through execution without writ of execution), disputes regarding the elimination of partnership, disputes arising from condominium ownership and disputes related to neighboring rights are included within the scope of mandatory mediation.
*In terms of commercial cases and disputes arising from employment contracts, it is clearly regulated that the cancellation of objection, negative assessment and reclamation cases are within the scope of mandatory mediation.
*An obligation is imposed on the mediator to inform the main party of the dispute about the mediation process and the final report issued at the end of the mediation activity.
*Arrangements are being made to ensure the harmonization of the Singapore Convention on mediation, to which Turkey is a party, with our domestic law.
INCREASING PENALTIES FOR MIGRANT SMUGGLING
*The lower limit of the penalty for the offense is increased from 3 years to 5 years in order to fight against the offense of smuggling of migrants more effectively and to ensure deterrence.
*The offense of migrant smuggling is included in the scope of the additional article 12 of the Law No. 6136. Thus, if the tools, equipment and materials seized due to the crime of migrant smuggling are directly related to national defense or internal security services, they can be allocated to the Turkish Armed Forces, General Directorate of Security, Gendarmerie General Command or Coast Guard Command.
*In the case of foreigners who have been given a judicial control decision of “not being able to travel abroad” within the framework of judicial proceedings, the relevant governorship is authorized to request the lifting of this decision through the Chief Public Prosecutor’s Office and the administration is allowed to obtain a judge’s decision to ensure the deportation of foreigners whose stay in the country is deemed dangerous.
REGULATIONS ON THE DEFENSE INDUSTRY
By adding an article to the Law No. 5202 on Defense Industry Security, measures are taken to make it difficult for engineers working in leading defense industry companies such as Aselsan, Havelsan and Roketsan to work or open businesses in other institutions or organizations operating in the same field in Turkey or abroad. Thus, it is aimed to strengthen the prohibition of competition for activities carried out within the scope of the defense industry.
INDIVIDUAL APPLICATION FILES WILL BE TRANSFERRED TO THE COMPENSATION COMMISSION
The provisional article provides for the transfer of individual applications pending before the Constitutional Court arising from long trials to the Compensation Commission under the Ministry of Justice and for the examination and resolution of these applications by this Commission as soon as possible.
REGULATIONS ON TIME LIMITS FOR APPLICATION TO LEGAL REMEDIES
Law No. 2004 on Execution and Bankruptcy, Law No. 6100 on Civil Procedure, Law No. 5271 on Criminal Procedure, Law No. 5326 on Misdemeanors and Law No. 4675 on Execution Judgeship, the time limits for filing objections, appeals and appeals are regulated as “two weeks” and thus made uniform.
