22 Mar TERMS OF PROBATION AND NON-COMPLIANCE WITH PROBATION
Terms of Probation
In order to benefit from the probation law, certain conditions must be met. In other words, not every convict in prison can directly benefit from this law. The conditions for the implementation of probation vary depending on the nature of the crime (in terms of transition to open prison), the amount of punishment and the personality of the convict.
In order for the convict to benefit from the application for probation, he must fulfill certain conditions. These conditions can be counted as follows;
The Convict Who Wants to Take Advantage of the Probation Law Must Spend the Last 6 Months in an Open Prison
The requirement to spend the last 6 months in prison is the temporary article 4 of the Penal Code No. 5275, which entered into force on 01.01.2016. as per the article amendment, it will not be applied until 31.12.2020. In other words, convicts who want to take advantage of the probation law and be released after 31.12.2020 must have spent the last 6 months in an open prison (art.105/A-1). However, there is no requirement to stay in open prison for 6 months to take advantage of the probation law until 31.12.2020. In other words, in the current current practice, it is sufficient that the convict has obtained the right to transition to an open prison.
According to the new regulation, a person who spends 1/10 of his total sentence in a closed prison and stays for a certain period of time on conditional release is entitled to leave for an open prison. It has also become easier to take advantage of the probation law, as the conditions for leaving for open prison have been made easier.
However, it should be noted that even if a person is convicted after 31.12.2020 and has not spent the last 6 months in an open prison, if he has carried the conditions for leaving an open prison for the last 6 months, he can use the probation law since he has earned this right. So convicted, in prison, despite being against his own will, for example, due to the absence sent to prison for carrying an open can benefit from the probation law, the terms of separation if an open prison.
The Convict Must Be in Good Behavior
In order for a convict to take advantage of the probation law, he must be “in good standing”. It is decided whether the convict is in a good mood or not, taking into account the evaluation report prepared by the prison administration. The convict also has the right to appeal to the criminal execution judge against the report in question.
A Convict’s Petition Requesting the Use of the Probation Law
Probation can be applied only upon request. In other words, the probation law is not a self-enforceable law. If the convict declares that he wants to take advantage of the probation law while in prison and makes a request, the necessary actions begin. When the convict notifies the Execution Judge about the possibility of obtaining probation, the Execution Judge must make a decision on this request as soon as possible.
The convict must comply with the measures established for him. For example, he cannot violate this obligation if it has been decided that he will work in a job useful to the public. If it is decided that he is under supervision in an area or residence, he cannot leave that area or residence.
How is the Probation Law Applied to Juvenile Convicts?
Those who do not continue their education from convicts sent to a children’s educational institution by obtaining convict status in a juvenile prison are sent to an open prison, regardless of the type of crime, when those who continue their education finish the age of 21, and those who do not continue their education finish the age of eighteen, and those who continue their education finish the age of twenty-one, regardless of the type of crime and the length of their stay in prison. The sentences of other crimes committed by children who have been transferred to an open prison before the age of 18 are also executed in an open prison, no matter when they are finalized.
In order for juvenile convicts to benefit from the probation act, they must spend 1/5 of their total sentence in a children’s educational institution and have 1 year left on conditional release.
Non-Compliance with Probation
The convict is being released because he has pledged to comply with the rules introduced by the probation act. In case of non-compliance with probation, the form of execution that the convict benefits from is eliminated. In case of violation of the practice of probation, the convict is again taken to prison.
Violation of the Requirement to Apply Within 3 Days Of Being Released
The convict must apply to the Probation Directorate within three days after his release and start participating in the program in accordance with the relevant measure. If he does not comply with this rule, he is considered to have violated the probation act. If the probation law is violated, the convict is taken back to prison, losing the right to parole, which he has taken advantage of.
The Convict’s Insistence on Non-Compliance with the Program of the Directorate of Probation
The convict is obliged to continue the program established by the probation department. If the convict “insists on non-compliance with the schedule” established by the directorate, the probation law is again considered to have been violated. Failure to comply with the schedule established in practice twice is considered to be an “insistence on non-compliance with the schedule”.
Refusal of the Convict from the Request to Take Advantage of the Probation Act
A convict can also waive this right spontaneously after being released by taking advantage of the probation law. If the convict makes a request without any justification, the application made due to the probation law is terminated and his sentence continues to be executed in prison.
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