After more than 15 hours of deliberations, lawmakers at Parliament’s justice committee approved the “10th Judiciary Package,” an ambitious omnibus bill over penal amendments on Sunday. Parliament’s general assembly will vote on the bill this week, which will likely be passed as it was tabled by the ruling Justice and Development Party (AK Party) that retains a majority in Parliament with its ally, the Nationalist Movement Party (MHP).
The package is harsh on offenders and relieves convicts suffering from illnesses. Above all, it aims to end the perception of impunity, something felt in public after courts in the past ruled for light sentences in incidents that stirred up public outrage.
The bill increased the minimum limit for prison sentences in certain cases and increased prison sentences for crimes involving deliberate injury and threat. It also provides a minimum jail time of six months for driving under the influence. In road rage cases where vehicles are stopped by other motorists and passengers and their occupants are attacked, the package includes prison terms between one and three years. This sentencing will be increased to 5 to 10 years for the prevention of the movement of aerial vehicles. If passed, the bill is expected to decrease the number of road rage incidents where perpetrators are often caught on cameras attacking innocent people, and cases of unruly passengers who lead to delays in flights.
Amendments to the Turkish Penal Code under the bill include sentences of 14 to 20 years at a minimum for people convicted of attempting to commit a crime that bears life imprisonment and aggravated life imprisonment sentences. The minimum limit for sentencing for those convicted of deliberate injury is increased to one year and six months, from one year. If the offense inflicts a more severe injury, the minimum sentencing will be increased to six years. Minimum limits will be gradually higher based on the severity of injury and scars, and damage it leaves on the victim’s body.
The bill also aims at a more efficient action against the crime of threat. Minimum sentences for the crime will be two months. The maximum limit will be increased to seven years from five years if the threat involves violence.
Additionally, the bill introduces prison terms up to five years for the crime of firing blanks in a way that endangers general security. It aims to curb the disturbing tradition of celebratory gunfire, which may end up fatal if blanks are fired at close distance.
The package also offers partial amnesty for certain convicts. Children involved in crimes bearing five-year or lesser sentences will be allowed to serve their time in “children’s education houses” instead of regular prisons. These houses serve as rehabilitation centers for young offenders who are also offered vocational training for post-prison life.
Except convicts serving time for crimes bearing aggravated life imprisonment, convicts suffering from a debilitating disease or disability, convicts who need assisted living and not posing a danger to public security will be allowed to serve their time in house arrest. Convicts with good conduct who have less than one year to complete their sentence in a minimum-security prison will be released on parole if they have served at least one-tenth of their prison term.
For convicts at the age of 80 and above, judges can rule house arrest for the remaining six years or a prison term of less than six years, under the new bill. Judges will also be allowed to rule for nighttime-only imprisonment for offenses bearing prison terms of five years or less. Convicts will be required to report to prison at 7 p.m. every evening and check out at 7 a.m. the next morning. It will not apply to people convicted of deliberate manslaughter.
Female convicts who give birth in prison will be eligible for house arrest six months after the birth, if their sentencing is five years or less.
Orhan Kırcalı, an AK Party lawmaker who was one of the first signatories of the proposed bill, told the committee on Saturday that they sought to end the perception of impunity and expand the scope of sentencing in favor of female and child convicts.
Kırcalı emphasized that significant reforms have been made in the judiciary to date and said those reforms are continuing. He said their goal is to strengthen the sense of justice, meet public expectations and reinforce trust in the legal system.
He recalled that the Judicial Reform Strategy Document, announced by President Recep Tayyip Erdoğan as part of the fourth judicial reform package, includes key targets.
Kırcalı said the proposal was drafted based on the fourth Judicial Reform Strategy Document and consists of 30 articles.
"The proposal includes regulations aimed at preventing the perception of impunity and achieving the rehabilitative purpose of penalties," he said. "Although no changes are foreseen regarding the fixed one-year period of supervised release, it aims to ensure that all convicted individuals serve a portion of their sentences in correctional institutions proportional to the punishment they received. This will help fulfill the rehabilitative purpose of incarceration and strengthen deterrence."
He added that the scope of special enforcement procedures would be expanded in favor of women and children, and that road blockages in traffic would be classified as a distinct offense with specific penalties.
