Text of The 4. Juidicial Package- As Known As The Law of Concrete Evidence

18 Aug Text of The 4. Juidicial Package- As Known As The Law of Concrete Evidence

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Article 1 – Article 10 of the law on administrative procedure No. 2577 6/1/1982 dated the first and the third sentence of the second paragraph of “Sixty” phrases “Thirty”, in the form of the second sentence contained in “sixty” the phrase “thirty”, in the form of the Fifth sentence in place “under” the phrase “four” in the form of sentences contained in the sixth and “sixty-day” phrase “thirty days” in the form of A has been replaced.

Article 2-the phrase “sixty” contained in the second paragraph of Article 11 of the Law No. 2577 has been changed to “thirty”.

Article 3-the phrase “sixty” contained in the first paragraph of Article 13 of the Law No. 2577 has been changed to “thirty”.

Article 4-the following sentence has been added to the first paragraph of Article 24 of the Law No. 2577.

“Decisions are written and signed within thirty days from the date of their issuance.”

Article 5-the following provisional article has been added to the Law No. 2577.

“PROVISIONAL ARTICLE 10-1. In respect of applications made to the administration in accordance with Articles 10, 11 and 13 prior to the date of entry into force of this article, the periods prior to the amendments made to this law shall apply to the specified articles.”

Article 6-the phrase “spouse” contained in Paragraph (d) of the first paragraph of Article 82 of the Turkish Penal Code dated 26/9/2004 and numbered 5237 has been changed to “spouse, divorced spouse”.

Article 7-the phrase “spouse” contained in Paragraph (A) of the third paragraph of Article 86 of the law No. 5237 has been changed to “spouse, divorced spouse”.

Article 8-the phrase “spouse” or divorced spouse “was added to Paragraph (B) of the second paragraph of Article 96 of the Law No. 5237 to come after the phrase” spouse”.

Article 9-the phrase “wife” was added to paragraph (E) of the third paragraph (E) of Article 109 of the Law No. 5237 to come after the phrase “wife” or divorced wife”.

Article 10-the following paragraph has been added to Article 12 of the Criminal Procedure Code dated 4/12/2004 and numbered 5271.

“(6) in cases of crimes committed by using information systems, banks or credit institutions, or bank or credit cards as tools, the courts of the victim’s settlement are also authorized.”

Article 11-the following sentence has been added to the first paragraph of Article 44 of the Law No. 5271.

“The decision to bring by force is also notified to the witness by using these tools if contact information such as telephone, Telegram, fax, e-mail is found in the file.”

Article 12-the following paragraph has been added to Article 94 of the Law No. 5271.

“(3) the release of a person arrested outside working hours on an arrest warrant issued for the purpose of obtaining testimony and who undertakes to be present before the judicial authority on the appointed date may be ordered by the public prosecutor. This provision can only be applied once for each arrest warrant. A person who does not fulfill his commitment is given an administrative fine of one thousand Turkish lira by the public prosecutor at the place where the arrest warrant is issued.”

Article 13-the phrase “based on concrete evidence” was added to the third paragraph of Article 100 of the Law No. 5271 to come after the phrase “concerning”.

Article 14-the following bent has been added to the second paragraph of Article 101 of the Law No. 5271.

“d) that the practice of judicial control will be insufficient,”

Article 15-the phrase “(e) in paragraph” contained in the sixth paragraph of Article 109 of the law No. 5271 was changed to “(e) and (j) in paragraphs” and the following sentence was added to the paragraph.

“However, both days that pass under the obligation not to leave the residence specified in paragraph (j) are considered as a day at the deduction of the penalty.”

Article 16-the phrase “the provisions of this article,” contained in the third paragraph of Article 110 of the law No. 5271, was amended as “the provisions of the first and second paragraphs of this article,” and the following paragraph was added to the article.

“(4) as to whether the suspect or defendant’s obligation to continue the judicial control should be required at the latest December four months; at the request of the prosecutor of the Republic at the stage of the investigation, the magistrate is decided by the court of resen at the stage of the prosecution, taking into account the provisions of Article 109.”

Article 17-the following article has been added to the Law No. 5271 to come after Article 110.

“Time under judicial control

Article 110 / A – (1) the period of judicial control in cases that do not fall under the duty of a Heavy Criminal Court is no more than two years. But this period can be extended for another year, citing mandatory cases.

(2) in cases that fall under the duty of a Heavy Criminal Court, the period of judicial control is no more than three years. This period may be extended in mandatory cases by showing the justification; the extension period may not exceed a total of three years, the crimes defined in the fourth, fifth, sixth and seventh sections of the Second Book of the Turkish Penal Code, as well as four years in crimes covered by the Anti-Terrorism Law.

(3) the judicial control periods provided for in this article shall be applied at half the rate for the care of children.”

Article 18-the following sentence was added to the third paragraph of Article 137 of the law No. 5271, the phrase “or prosecution” was added to the fourth paragraph of the article to come after the phrase “investigation” and the phrase “Attorney General’s office,” contained in the paragraph, was changed to “Attorney General’s office or court.”

“In the case of an acquittal, records related to detection or listening are destroyed by the same procedure under the supervision of a judge.”

Article 19-the fourth paragraph of Article 170 of the Law No. 5271 “is explained.“the phrase ” is explained; the events that constitute the uploaded crime and information that has nothing to do with the evidence of the crime are not included. changed to”.

Article 20-the following sentence has been added to the first paragraph of Article 176 of the law No. 5271.

“In addition, information about the indictment and the date of the trial; phone, Telegram, fax, e-mail, such as contact information in the file is also reported by using these tools, but the results linked to the call sheet are not applied in this case.”

Article 21-in the first paragraph of Article 233 of the Law No. 5271, the following sentences and the second paragraph “call to be made” were added to come after the phrase “and forced bringing”.

“An indictment is added to the call sheet when the prosecution phase is passed. In addition, information about the indictment and the date of the hearing are also notified by using these tools if contact information such as telephone, Telegram, fax, e-mail is contained in the file.”

Article 22 – The fourth paragraph of Article 250 of Law No. 5271 “base sentence” is to come after the phrase “and if the conditions are discovered, the provisions on the crime have been applied chaining determined from the sentence after the phrase” and added the following sentence to the eleventh paragraph of the matter is the eighth and the ninth paragraph, “the terms of reasoning and the action of the series takes place if the procedure is within the scope of a claim in accordance with the determined sanction, believes that” the phrase “the circumstances occurred, if he believes that the action is within the scope of serial reasoning and that a decision on conviction should be made according to the available evidence in the file, in accordance with the provisions of paragraph four to seven, not more severe than the sanction specified in the request article,” and the Fourteenth paragraph has been amended as follows.

“The request letter, which is understood to have been issued in violation of this paragraph, material error was made in the sanction determined, objective conditions were not met in the application of articles 231 or 50 and 51 of the Turkish Penal Code or a security measure appropriate to the nature of the proposed penalty, is returned to the prosecutor general’s office by the court in order to complete the deficiencies. After the deficiencies are completed and the wrong points are corrected by the public prosecutor, the request letter is reorganized and sent to the court.”

“Serial reasoning does not apply if a crime that is covered by this is committed together with another crime that is not covered.”

“(14) the provision established by the court in accordance with the ninth paragraph may be appealed. The objection authority shall examine the objection in terms of the terms in the third and ninth paragraphs.”

Article 23-the following sentence has been added to the first paragraph of Article 251 of the Law No. 5271.

“In accordance with the second paragraph of Article 175, a simple trial procedure is not applied after the date of the hearing is determined.”

Article 24-paragraph (b) of the third paragraph of Article 268 of the Law No. 5271 has been amended as follows.

“b) the examination of appeals against the decisions made by the magistrate regarding arrest and judicial control belongs to the judge of the Criminal Court of First Instance, where he is located around the judiciary. In cases where the authorities authorized to examine the objection are different, necessary measures are taken by the magistrate whose decision is appealed in order to examine the objections without delay. If the affairs of the magistrate are seen by the criminal judge of first instance, the authority to examine the objection belongs to the president of the Criminal Court.”

Article 25 – Article 9 of the Law No. 5275 on the execution of sentences 13/12/2004 dated in the fifth paragraph of the temporary article “seven times” the phrase “nine times”, in the form of the sixth paragraph, “31/7/2021” the phrase “was amended to 30/11/2021.

Article 26-the following article has been added to the law on the establishment and judicial procedures of the Constitutional Court dated 30/3/2011 and numbered 6216.

“Internship in court

Article 73 / A – (1) candidates for judges and interns of lawyers can do internships in court. The procedures and principles for the application of this article are regulated by the regulation.”

Article 27 – this law;