First package of judicial reforms published in official gazette

ANKARA

The Criminal Procedure Code and the Law Amending Certain Laws containing regulations in line with the objectives and targets determined within the scope of the Judicial Reform Strategy were published in the Official Gazette.

“Mr. President approved the first package of judicial reform strategy which was enacted by the General Assembly of the Turkish Grand National Assembly. The next is implementation. The reform will only achieve its goals if it is implemented well and correctly,” Minister of Justice Abdülhamit Gül tweeted on Oct. 24.

With the addition of the Anti-Terror Law, expressing opinions that do not exceed the limits of reporting or criticism will not constitute a crime.

An important part of the legislation paves the way for some citizens who were acquitted of terror charges in connection with the emergency state declared on July 21, 2016, to be able to receive their passports. Their passports had been confiscated following the coup attempt of July 15, 2016.

Those whose passports have been revoked by the Decree Laws issued during the state of emergency will be returned if the administrative or judicial proceedings are concluded in their favor.

Also, under the reforms, the period of the pre-sentencing detention period is limited.

The period of detention during the investigation phase, for cases that do not enter the duty of the heavy penal court, will not exceed six months, while the cases in heavy penal court cannot exceed one year.

According to the law, lawyers who are registered to the Bar Association and have a seniority of at least 15 years will be given a service stamped passport. However, the lawyers must not be subject to investigations or prosecutions due to crimes specified in the Turkish Penal Code and in the scope of the Anti-Terrorism Law.

Those whose passports have been canceled in this way or whose passport requests have been rejected will be given passports in case of certain conditions by the Ministry of Interior according to the results of the research conducted by law enforcement units.

According to the law, the scope of rulings that can be appealed by the criminal courts of the regional court of justice has been expanded.

Rulings given by the regional judicial courts’ criminal offices on the crimes of insults, threats to create fear and panic among the people, incitement to delinquency, praising crime, inciting hatred and hostility or contempt, incitement to disobey the law, insulting the president, the state’s symbols of sovereignty, the Turkish nation or the Republic of Turkey; humiliation of institutions and organs and armed organizations and alienating people of the military service can be appealed.

The Law Profession Entrance Exam will be required in lawyer internship and notary public internship applications.

In family courts, the Ministry of Justice will benefit the courthouse psychologists, pedagogues and social workers.