The 4th judicial package was accepted at the General Assembly of the Turkish Grand National Assembly

last minute “data-mce-href =” https://www.ntv.com.tr/son-minute “> Breaking news! According to the law, the response time to administrative requests is from 60 days to 30 days, according to on shortening the response time. The waiting time for uncertain responses will be reduced from 6 months to 4 months.

With the amendment to be made to the law on administrative procedure, the response time from the higher authority or if there is no higher authority, the response time from the authority that took the action will be reduced from 60 days to 30 days. The 60-day response time granted to the administration regarding mandatory requests made to the administration before filing a legal action for administrative actions will also be reduced to 30 days.

In order to avoid procedural delays and to protect more effectively the right to be tried within a reasonable time and the freedom to seek justice, the final decisions rendered by the administrative courts are written no later than 30 days, accompanied their supporting documents.

For administrative requests made before the regulation becomes law and comes into force, the administration response time will continue to 60 days, while the waiting time for uncertain responses will continue to 6 months.

FIGHTING VIOLENCE AGAINST WOMEN

In order to combat violence against women more effectively and to exert a deterrent effect, the grounds for increasing the penalties in the offenses of “intentional homicide”, “intentional injury”, “torture” and of “deprivation of liberty” will also concern the divorced spouse.

In the event of crimes committed by the use of information systems, banks or credit institutions, or bank or credit cards as a tool, the courts of the victim’s domicile will be empowered in addition to the court of the place where the crime has been committed, in terms of jurisdiction. Together with the settlement, it aims to avoid the loss of time and rights that can arise due to unauthorized decisions that may be taken during the investigation and prosecution phases.

FORCED WITNESS

An additional procedure is being put in place for the notification of impeachment decisions against witnesses duly summoned and who have not appeared without apologizing. Accordingly, in order to increase judicial efficiency and effectiveness in line with technological developments, in addition to the existing procedure, the decision to use force; If contact information such as telephone, telegram, fax, e-mail is included in the case, the witness will be informed using these tools.

A person who is arrested outside working hours on an arrest warrant issued for the purpose of giving evidence and who undertakes to appear before the judicial authority on the date set may be released on the order of the public prosecutor. the Republic. This provision can only be applied once for each arrest warrant. Anyone who does not respect their commitment will be fined 1,000 lire by the public prosecutor of the place where the arrest warrant was issued.

The arrest of a person in catalog offenses will be subordinated to the strong suspicion of the offense based on concrete evidence.

In addition to the existing conditions, the evidence demonstrating that the application of judicial review will be insufficient will be demonstrated in the concrete case and included in the judge’s decision or court decisions concerning the arrest, continued detention or dismissal of the case. a request for release on this matter.

The obligation not to leave the home will be considered as a reason for limiting personal freedom, and every 2 days spent under this obligation will be taken into account as 1 day in the deduction of the penalty.

THE DUTY OF JUDICIAL REVIEW WILL NOT BE indefinite

With the regulation, it will be mandatory for judicial authorities to periodically consider whether the maintenance of the obligation of judicial review will be necessary both during the investigation and prosecution phases.

During the investigation phase, a decision will be taken by the criminal justice of the peace at the request of the public prosecutor, every 4 months at the latest, on the advisability of the suspect’s obligation to continue the control. judicial.

In the prosecution phase, the court will decide of its own motion within 4 months at the latest whether the accused, who has a decision of judicial review, will maintain this obligation.

The period of judicial review is a maximum of 2 years for work that does not fall under the jurisdiction of the heavy criminal court, and this period can be extended by an additional 1 year, justifying it if necessary. In matters that come under the jurisdiction of the heavy criminal court, the maximum duration of judicial control is 3 years, and this duration can be extended by justifying it if necessary. However, the extension period should not exceed 3 years in total, and 4 years for the crimes defined in the second book, fourth part, fourth, fifth, sixth and seventh chapters of the Turkish Penal Code and crimes falling within the scope of application of the Anti-Law against Terror.

INFORMATION THAT IS NOT RELATED TO THE EVIDENCE WILL NOT BE INCLUDED IN THE INCLUSION

In the event of an acquittal, as in the event of a dismissal, the detection or listening reports will be destroyed under the supervision of a judge.

In the section of the indictment, in which the events are explained in relation to the evidence, the events constituting the crime charged and information not related to the evidence of the crime will not be included.

Information on the indictment and the date of the hearing; If any contact information like phone, telegram, fax, e-mail is included in the file, it will also be reported using these tools.

When the prosecution phase has passed, an indictment will be added to the summons.

If there are conditions for the determination of the sanction in the expeditious trial procedure, the provisions relating to the successive offense may be applied.

Once the irregularities found by the court have been remedied by the prosecutor, the letter of request can be rearranged and sent to the court.

Once the date of the hearing has been determined, the simple trial procedure will no longer apply.

It will be for the judge of the correctional court of first instance to examine the objections formulated against the decisions of the correctional justice of the peace in matters of arrest and judicial control. In cases where the authorities empowered to examine the objection are different, the necessary measures will be taken by the criminal justice of the peace, whose decision is contested, in order to examine the objections without delay. If the work of the justice of the peace is the responsibility of the first instance criminal judge, the power to examine the opposition will belong to the head of the high court correctional court.

Due to the new type of coronavirus epidemic (Kovid-19); On the recommendation of the Ministry of Health, if the epidemic persists, it can be applied two more times by the Ministry of Justice, not exceeding two months each time. Thus, if the epidemic continues, it is expected that the duration of the Kovid-19 permit can be extended until November 30, 2021 at the most.

Candidate judges and trainee lawyers will have the possibility of doing traineeships at the Constitutional Court.

Following the adoption of the 4th judicial package by the General Assembly, discussions on the law amending the law on animal protection and the Turkish penal code have started.

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