“The Law on the Enforcement and Bankruptcy Law”” which includes new regulations in the judiciary, and the “Law on Amending Some Laws”, entered into force after being published in the Official Gazette.
With the law prepared by the Ministry of Justice, a postponement of execution is imposed on mothers with sick children, while rent disputes are also included in the scope of mediation. The law, which envisages heavy penalties in the fight against drugs, also increases the penalties for migrant smuggling crimes.
Also, by the law, personal belongings of family members and all household items serving the common use of the family cannot be seized.
Some of the regulations made by this law will be explained below.
Do not hesitate to contact Antalya Lawyer Ceren Topcu İncetaban and her Antalya Law Firm to find out what the new developments include. Contact us for free information.
RENTAL DISPUTES ARE INCLUDED IN THE SCOPE OF MEDIATION AS CASE CONDITION
Disputes arising from the rental relationship (except for eviction through execution without judgment), disputes regarding the dissolution of the partnership, disputes arising from condominium ownership and disputes regarding the right of neighbors were included in the scope of mediation as a condition of litigation.
In terms of commercial lawsuits and disputes arising from employment contracts, it is clearly regulated that cancellation of objection, negative clearance and restitution cases are within the scope of compulsory mediation.
Disputes regarding the transfer of the immovable or the establishment of limited real rights on the immovable have been made available for optional mediation. Arrangements were made to ensure that the Singapore Convention on mediation, to which Turkey is a party, is compatible with domestic law.
The mediator is obliged to inform the main party of the dispute about the mediation process and the final report drawn up at the end of the mediation activity. In terms of commercial disputes, it was accepted that the agreement document signed jointly by the attorneys of the parties and the mediator -without seeking an annotation of enforceability- will be considered as a judgment document.
Rental disputes are a very troublesome issue that is likely to happen to everyone. In this process, it is very important to get legal support as a tenant or lessor. Feel free to contact Antalya Lawyer Ceren Topcu İncetaban to learn about your rights in the dispute you face or to avoid any future problems with rent.
THE LOWER LIMIT OF THE PENALTY FOR DRUG TRADING CRIME INCREASED TO 15 YEARS
“Synthetic cathinone and its derivatives, synthetic opioid and its derivatives, amphetamine and its derivatives” were also included in the scope of the 4th paragraph of the 188th article of the Turkish Penal Code No. 5237.
Thus, the penalties for crimes related to the manufacture, import, export and trade of these substances were increased by half. In this context, for example, the lower limit of the penalty for the aforementioned drug trafficking offense was increased from 10 to 15 years.
It is envisaged that the treatment or probation process to be applied to drug users will be more effective. In this context, the extension period for treatment and/or probation measures will be increased from 1 year to 2 years, and the suspect will be kept under treatment and/or supervision for a longer period of time.
It was made mandatory for the public prosecutor to refer the suspect to the relevant institution at least twice a year in order to determine whether he used drugs during the postponement period. It will be ensured that the postponement decision made by the public prosecutor about the suspect will be notified to the law enforcement units.
REMEDY MEASURES SPECIFIC TO DRUG ADDICTIVES ARE DEVELOPED
With the 12/A article added to the Probation Services Law, remedial measures specific to drug addicts were developed. Accordingly, in accordance with Article 191 of the Turkish Penal Code, the Probation Directorate for the suspect, who was given probation or treatment due to this crime by the Public Prosecutor, is subject to treatment, participating in the determined programs, being banned from working in environments that require being together with children, the determined place or regions, being under supervision or surveillance in a region, continuing education in an educational institution, training program or professional occupation, being banned from performing certain activities, working under surveillance for a fee, not being able to keep or carry a gun, surrendering the guns to judicial custody in return for a receipt when necessary. At least 3 or more of the obligations of not being able to use all kinds of vehicles or some of them, and to deliver the driver’s license against a receipt, if necessary, will be decided.
In addition, the responsibilities of the public prosecutors and the personnel working within the scope of probation practice in terms of the follow-up of the aforementioned obligations were regulated in detail.
REHABILITATION PROGRAMS MADE MANDATORY
It has been made compulsory for those convicted of using drugs and convicted of another crime and found to be addicted to drugs, to attend treatment and rehabilitation programs in the penitentiary institution.
In addition, it was allowed to open independent penitentiary institutions where treatment and rehabilitation programs will be implemented, or to allocate a part of the existing penal institutions for this purpose.
Again, convicts who were convicted of drug use and were released on probation were also obliged to participate in treatment and rehabilitation programs.
In order for the treatment and rehabilitation centers to be implemented as soon as possible and for the services to be carried out, an arrangement was made to transfer appropriations to the budget of the relevant ministries and to assign personnel in this regard.
The judge may allow the secret investigator assigned for the crime of drug production and trade to make audio or video recordings in public places and workplaces.
DRUG SUBSTANCES WILL BE DISPOSITED BEFORE THE INVESTIGATION OR PROCEEDING IS CLAIMED
After a final report was received that the seized substance was a narcotic substance, it became obligatory to decide on the confiscation and destruction of this substance by the peace judge at the “investigation stage”.
Thus, the destruction of drugs will be ensured without waiting for the finalization of the investigation or prosecution.
A provision was introduced to conceal the identities of those who report the property values obtained from smuggling crimes, the crime of drug production and trafficking, and the crime of unauthorized cannabis cultivation, and those who report the crime of laundering the assets resulting from these crimes.
THE LOWER LIMIT OF THE PENALTY OF IMMIGRANT SMUGGLING CRIME INCREASED TO 5 YEARS
In order to combat the crime of migrant smuggling more effectively and to provide deterrence, the lower limit of the penalty was increased from 3 to 5 years.
If the vehicles, equipment and materials seized due to the crime of migrant smuggling are directly related to the national defense or internal security services, they can be allocated to the Turkish Armed Forces, General Directorate of Security, Gendarmerie General Command or Coast Guard Command.
With this regulation, some laws regarding the trade and use of drugs have been amended. Contact Antalya Lawyer Ceren Topcu İncetaban to know more about the subject.
EXECUTION PROCEDURE CANNOT BE STARTED WITHOUT THE APPROVAL OF THE JUDGE
In terms of executions to be made on residences; It will be ensured that the execution decision made by the executive director can be carried out “after the approval of the judge”. Personal belongings of family members and all household items serving the common use of the family were included in the list of non-lienable goods.
It is expressly prohibited to make a lien (flood) exceeding the amount that will be subject to enforcement proceedings. Arrangements were made for more efficient liquidation of the goods in the trustee’s warehouses, even though the lien on them was lifted.
THE LEGAL AID SYSTEM WILL BE STRENGTHENED
Arrangements have been made to ensure that lawyers have access to appropriate credit and financing to cover the expenses of establishing an office. Bar association fees will not be collected in the first 5 years of the attorneyship profession, and lawyers who have just started their profession will be financially supported. The legal aid system will be strengthened by increasing the revenues of the legal aid office.
THE REGULATION MADE IN ACCORDANCE WITH THE ANNOUNCEMENT DECISIONS OF THE CONSTITUTIONAL COURT
Article 193 of the Code of Criminal Procedure was amended, and besides the “conviction” decision, the condition of interrogation of the accused was introduced in order for “no need for punishment” and “security measure” decisions to be made. Article 231 of the Code of Criminal Procedure has been amended, and it has been clarified that in the event of an objection to the “deferment of the announcement of the verdict” decisions, the appeal authority should conduct a procedural and substantive examination of the decision and the verdict.
Thus, the appeal authority will examine the decision and provision in detail; If it detects a procedural or substantive illegality, it will cancel the decision and provision by showing the reason and send the file to the court.
Article 308/A of the Code of Criminal Procedure was amended, and it was decided that “there must be a fundamental error that would affect the decision” in order for the Office of the Chief Public Prosecutor to appeal against the final decisions of the criminal chambers of the regional court of appeal. In addition, with the regulation, it was ensured that this objection was notified to the accused or his defense counsel.
THE RIGHT TO POSTPONE THE EXECUTION HAS BEEN BROUGHT TO MOTHERS WITH SICK CHILDREN
The execution of the sentences of female convicts who are in need of care due to disability or have a serious illness (disease), have a child under the age of 18 and are sentenced to imprisonment for less than 10 years, can be postponed for up to 1 year under certain obligations, and the postponement can be extended for 2 more years in 6-month periods.
In addition, the law granted the right of employment in the public sector to the relatives of those deemed to be disabled among the director of the penitentiary institution, the chief execution and protection officer and the personnel with the title of execution and protection officer.
With the amendment made in Article 43/A of the Misdemeanors Law, the distinction between public and private legal persons will be removed and all legal entities will be held responsible for the administrative sanctions set forth in the article.
Briefly, the law brought changes and updates in many areas. Feel free to contact Ceren Topcu İncetaban and her Antalya Law Firm to learn about the changes made and to get detailed legal support about their applications.