According to the law proposal, the purpose of the Law on Enforcement Judge is to comply with the regulation, “To examine the complaints regarding the proceedings regarding the convicts and detainees in penal execution institutions and detention centers or the activities related to them or the decisions given by the public prosecutor regarding the execution of the penalty and security measures. and the decisions on execution judges established to decide, to execute the decisions required by the judge or the court regarding the execution of criminal and security measures, to carry out the work and to perform other duties assigned by the law ”.
Execution judges will be referred to by the name of the province or district in which they are located. The jurisdiction of the enforcement judge will be the administrative boundaries of the provincial centers and districts in which they are established and the districts connected to them in a judicial way. In provinces with heavy criminal courts and metropolitan municipalities, the jurisdiction of the execution judge referred to by the name of the province and district within the boundaries of the metropolitan municipality will be determined by the Board of Judges and Prosecutors, regardless of the province or district boundaries.
Considering the geographical situation and work intensity, the Board of Judges and Prosecutors will be decided upon the proposal of the Ministry of Justice, upon the proposal of the Ministry of Justice.
NEW MISSIONS FOR EXECUTIVE JUDGES
The jurisdiction of the enforcement judge will be determined by the location of the proceedings regarding the execution of the judgment. The execution judge will be authorized in the place of the penal execution institution where the operation is carried out or the activity is carried out in terms of the transactions made by the administration or the complaints about the convicts and detainees in the penal institutions and detention centers.
In the proposal, new duties were also given to the execution judges. Accordingly, enforcement judges will examine complaints against the decisions of the public prosecutor regarding the execution of criminal and security measures. On the other hand, the execution judges will take the necessary decisions and do the work by the judge or the court, including the offset related to the execution of the penalty and security measures, the penalty prescription and the death of the convict.
This decision, proceedings or activities have been made for fifteen days from the date of learning, on the grounds that the proceedings about convicts and detainees in criminal execution institutions and detention centers or the activities related to them or the decisions taken by the public prosecutor regarding the execution of criminal and security measures are against the provisions of the law or other legislation. Execution judgeship can be filed by complaint within thirty days from date.
IT WILL GO TO THE OBJECTION WAY IN 7 DAYS
An appeal may be filed against the decisions of the enforcement judge or by the relevant public prosecutor in accordance with the provisions of the Criminal Procedure Code within seven days of notification. This provision will also apply to matters specified in the law to be subject to the approval of the enforcement judge.
Amendments to the Law on the Execution Judge and the Turkish Penal Code and the Law on the Execution of Criminal and Security Measures regarding the establishment, duties, powers and functioning of the execution judge, or arrangements that give new duties to the execution judge, will be implemented as of September 1, 2020. The implementation of the existing provisions will continue until this date.
Due to the changes made regarding the establishment, duty, authority and functioning of the execution judge, no decision of reversal can be made in the ordinary or extraordinary remedy. Until the date of amendments made by law, enforcement judges will be established and put into operation according to the amended provisions taking into account the job and staff status.
IT WILL BE INCREASED AS A FLOOR FLOOR IN THE CASE OF HANDLING
The prison sentence he has been sentenced to may not be deprived of exercising certain rights in terms of custody, guardianship and trustee powers over the subordinate of the convict, whose sentence has been postponed or released under probation.
The convict, who is sentenced or released conditionally by applying a probation measure, may be decided not to be “deprived of performing a profession or art subject to the permission of a public institution or a professional institution as a public institution, as a self-employed person or as a merchant”.
The crime of deliberate injury against the superior, the subsoil, the spouse or the sibling, the person who is unable to defend himself in terms of body or soul, due to the public duty performed by the person, with the abuse of the influence of the public official, with a gun, in case of being committed, without seeking a complaint the penalty will be increased by a factor of one if it is increased by half, while it is processed with a monstrous feeling.
If death has occurred as a result of intentional injury, in the above cases, a sentence of 12 to 18 years will be imposed.
THE PENALTY OF THE ORGANIZERS AND THE MANAGERS ARE INCREASING
Those who set up or manage an organization to commit acts that the law deemed a crime were increased from four years to eight years, from two years to six years, if the organization’s structure was suitable for committing crimes of purpose in terms of tools and equipment.
The person who lends money to someone else in order to earn a profit will be sentenced to two to six years in prison and a five hundred day judicial fine. If the crime is committed within the framework of an organization’s activity, the penalty to be imposed will be increased one fold.
FORENSIC CONTROL IN CASE OF PREGNANCY OF PREGNANT WOMEN
The suspect, who was found to be unable to sustain her life alone under the conditions of the penitentiary institution due to a severe illness or disability she suffered, and the woman suspect who has become pregnant or who has not passed six months from the date of her birth, can be decided to be brought into judicial control instead of being arrested.
If a sentence has been imposed on him and if an appeal or appeal has been filed in relation to this provision, the first instance court, which will give the verdict by examining the UYAP records, will also be able to make a judicial control decision.
If a sentence has been imposed on him and an appeal has been filed in relation to this provision, the first-instance court, which has issued the verdict by examining the UYAP records, will also be able to make an arrest warrant.
Conditions for the execution of penalties in open penal institutions
In the proposal, the conditions for the execution of the sentences imposed on convicts directly in open penal execution institutions are listed as follows:
“- Except for those who are convicted of terrorism crimes, establishment, management or membership of the organization and crimes committed within the scope of organizational activity and crimes committed against sexual immunity, and those who have been sentenced for the second time and those who have been sentenced for the cancellation of the conditional release order. Those who are sentenced to a total of three years or less in prison,
– Those sentenced to imprisonment for a total of five years or less for negligent offenses,
– Those who are converted to prison in the process of judicial fines,
– Those who are under arrest in accordance with the Law on Enforcement and Bankruptcy. ”
– Tied to the approval of the execution judge
It has been determined by the administrative board that the convicts are separated from the closed penal execution institution to the open penal execution institution, using their rights in good faith, fulfilling their obligations completely, and are ready to integrate with the society according to the improvement programs implemented by the disciplinary committee. As a result of the evaluation made, the decision will be made.
Those who are sentenced to a total of ten years or more in prison and those who are convicted of terrorist crimes, establishment, management or membership of an organization, crimes committed within the scope of organizational activity, crimes against intentional killing, crimes against sexual immunity, and drug or stimulant production and trade crimes The decisions of the administration and the observation board regarding the separation from the closed penal execution institution to the open penal execution institution will be implemented after the approval of the execution judge.
Those who are convicted in these institutions, including those directly taken to the open penal execution institution, or those who have been detained due to another act, will be sent to the closed penal execution institution by the decision of the administration and the observation board.
Those who have received another disciplinary penalty from condemnation and whose discipline has not been finalized, or whose discipline has not been finalized in order to ensure public order and order, will be sent to the closed penal execution institution with the decision of the administration and observation board.
Those who are found to be unable to comply with the terms of the open penal execution institution or working conditions will be sent to closed penal execution institutions with the decision of the administration and observation board and the approval of the execution judge.
INTERMEDIATE TO PENALTY EXECUTE WILL TAKE UP TO 1 YEAR
Procedures regarding whether the convicts are divided into open penal execution institutions according to their crime and punishment types, the time they spend in open penal execution institutions, sent to closed penal execution institutions, sent directly to open penal execution institutions, and those who are taken directly to open penal execution institutions and sent to closed penal execution institutions and other matters and the principles will be shown in the regulation.
The execution of the prison sentence will be left behind on women who are pregnant or who have not passed one year from the date of their birth. If the child is dead or given to someone else than his mother, the penalty will be executed two months after birth.
Even if prison sentences are started, it is impossible for the convict to finish higher education, to be cared for due to the continuous illness or disability of the convict, or for the permanent illness or disability of the convicts, or for the processing of agricultural lands. In compulsory and very urgent situations, such as the condition of the convict or the condition of the convict requiring continuous treatment, the Office of the Chief Public Prosecutor’s Office will be extended to 1 year in prison for a period not exceeding the month.
The provisions of the Criminal Procedure Code will be applied in order to be able to search the residence, workplace and closed areas that are not open to the public in order to catch the convict whose arrest warrant has been issued. The search decisions to be made by the judge will be made by the magistrate.
Convicts in open penitentiaries can be employed at night in the business areas of public institutions and organizations, under the supervision of penitentiary institution officers, by hosting them. The time operated in this way will be added to the time to be executed by applying a probation measure regardless of the maximum time limit.
The disciplinary penalties specified in the Law were applied to the convict according to the nature and severity of the action when the law violated the regulations, regulations and the behaviors and attitudes that the administration ordered or required to comply with, in order to maintain a regular life and ensure safety and discipline. Places where the convict is temporarily outside the institution for reasons such as trial, health, education and employment will also be considered as an institution for the implementation of this paragraph.
Among the actions that require deprivation or restriction penalty from communication or communication tools, “meeting with people who are not entitled to a meeting through the telephone number reported to the institution’s administration or by directing to another line through technical intervention” was added.
Among the actions that require punishment from one day to ten days, situations such as adding alcohol to the institution, having or using alcohol in the institution were added.
REGULATION ON CHILD-PROVIDERS
With the proposal, the disciplinary penalties imposed in case of violation of the rules determined for the cleaning of the convicts in the living areas, the use of books, tools and justifications from official institutions, and the hanging of posters, banners and signs belonging to criminal organizations are made. The regulation aims to ensure deterrence by preventing juvenile convicts from undermining institutional discipline and to participate in more education and improvement activities of children.
With the regulation, the two-day period envisaged to start the disciplinary investigation is increased to five days. Accordingly, the investigation will be completed within fifteen days at the latest. In case of escape, this period will start on the date that the convict was learned to be caught. The reports and its attachments will be submitted to the disciplinary board. The duration of the investigation can be extended up to seven days with the written approval of the enforcement judge, depending on the nature of the action and investigation.
With the proposal, taking into account the principle of the best interests of the child, the execution of the closure penalty for the room given to the children is under the provision that the approval of the execution judge can begin. In addition, the duration of the penalty for deprivation of visitors to be applied instead of the cell penalty is determined.
With the proposal of the law, the possibility of having a family meeting, which is provided to child convicts at least once every two months, is increased once a month. In addition, child convicts are given the opportunity to have family meetings with their siblings.
Accordingly, it will be possible for the families of children to participate in the activities during the ceremony or memorial day or birthdays held for the convicts.
Due to the absence of a relative to stay with the child convict, instead of the special permits he / she cannot use, he / she will be given the opportunity to spend the daytime and stay at the night education house within the provincial borders of the city where the education institution approves.
A convict staying in a child training center will be allowed to leave the institution one day at the weekend, as long as the institution’s administration deems appropriate.
Convicts staying in a children’s education center will be able to benefit from the facilities of public institutions and organizations such as youth camp or youth center.
PUBLICATIONS THAT DESTROY THE DISCIPLINE WILL NOT BE DELIVERED
In addition, convicts will be able to benefit from periodicals and indefinite publications that are not prohibited by courts in libraries affiliated with public institutions and organizations.
No publications that disrupt or compromise the discipline, order, or security of the institution or make it difficult to achieve the purpose of improving the convicts, or any sexually explicit news, articles, photographs and comments will not be given to the convict.
Periodical and indefinite publications that do not receive an International Standard Serial Number (ISSN) or International Standard Book Number (ISBN), and newspapers that do not have the right to publish official advertisements and advertisements through the Press Advertising Agency will not be admitted to the penal institution. Ministry of Justice will be authorized in the adoption.
With the proposal, convicts in open and closed execution institutions are given the opportunity to immediately benefit from the telephone and fax devices of the institution in penal execution institutions in addition to severe illness or natural disaster situations.
The regulation extends the scope of the right of convicts in closed penal institutions to accept gifts from outside.
Accordingly, the convict in closed penal execution institutions will have the right to accept a gift sent once every two months, also on religious holidays, New Year’s or birthdays, which are not dangerous for institutional security. Children and convicts who have completed 65 years of age and female convicts with children will be able to accept gifts outside the specified timeframe in line with the decision to be taken by the administration and the observation board. The principles and procedures for this will be determined by a regulation.
With the teaching of convicts, the procedures and principles regarding the exams can be regulated by a regulation.
In the Law on the Execution of Penalties and Security Measures, the title of “Preparing for Release to determine good condition in conditional release” is changed to “Evaluation of convicts and determination of good condition”.
Accordingly, convicts, at all stages of their execution, whether the execution institutions comply with the rules set out for order and security purposes, whether they exercise their rights in good faith, whether they fulfill their obligations completely, whether they are ready to integrate with the society according to the improvement programs implemented, whether they are ready to integrate with the society again. or if the risk of harm to others is low, it will be evaluated at least once every six months to determine the good condition by the administration and the observation board.
In the evaluation to be made, the improvement and education and training programs attended by convicts at all stages of execution, sports and social activities, culture and art programs, the certificates they received, the habit of reading books, other convicts and detainees, and the executives of the penal institution, and their relations with the outside, regret, compliance with the rules of the penal institution and the working rules within the institution and disciplinary penalties will be taken into consideration. If necessary, information and documents related to the life of the convict before entering the penal institution may also be requested.
Those who are sentenced to a total of ten years or more in prison and those who are convicted of terrorist crimes, establishment, management or membership of an organization, crimes committed within the scope of organizational activity, crimes against intentional killing, crimes against sexual immunity, and drug or stimulant production and trade crimes The chief public prosecutor or a public prosecutor to be appointed by the administrative and observation board shall be chaired by the administrative and observation board in evaluations regarding the execution of the sentence and conditional release by applying a probation measure to the open penal institution to be made.
In addition, a member of the monitoring board determined by the chief public prosecutor and a specialist determined by the Ministry of Family, Labor and Social Services and the provincial or district directorates of the Ministry of Health will participate in the administration and observation board.
The amount of peace will be paid to the administration and the observation board by the Ministry of Family, Labor and Social Services and the Ministry of Health and the members attending from the monitoring board for each meeting day, by multiplying the civil servant salary coefficient by the number (500).
The duration of re-evaluation of convicts whose attitudes and behaviors are negatively evaluated in terms of separating them into open penal execution institutions, execution of punishment by applying probation measure and conditional release will not exceed one year.
The principles that will be the basis for the evaluations to be made by the administration and the observation board, and the working procedures and principles of the board, and the times of the convicts whose attitudes and behaviors are evaluated negatively will be regulated by a regulation.
PENALTIES THAT CANN’T RETURN THROUGH THE OUTbreak DISEASE
With the proposal, the time required for the convicts to spend a good amount of time in the penitentiary committees is also reduced in order to use their excuse. The excuse entitlement granted for patient visit is doubled.
With the regulation, the special leave period given to convicts in order to maintain or strengthen their ties with their families and to adapt to the outside world is increased from three days to seven days. In compulsory situations such as illness or natural disaster, these permissions can be combined and used.
In the event of epidemic illness, natural disaster, war or mobilization, convicts who cannot follow or leave due to these reasons will not be punished.
Convicts who have not returned from leave or who have returned after more than two days will not be given any more special permission.
If there is a pause in the calculation of the penalty to be imposed or if it is suggested whether the punishment can be fulfilled in part or in full, a decision will be requested from the execution judge to eliminate the delay or to determine the penalty to be executed.
When the penalties in more than one provision should be collected in order to determine the conditional release period, collection decisions will be made by the execution judge.
In addition, the sentence of the convict, who was converted into a prison sentence for not paying the judicial fine, but who does not fulfill his obligation to work in a publicly beneficial job, will also be included in the collection decision, as in the term prison sentences. With the arrangement, an execution judge is added among the authorities to decide during the execution.
With the proposal, a regulation is made on the penalty of employing a publicly beneficial job among the options for sanction of the short-term prison term in the Turkish Criminal Code. Accordingly, if the convict does not pay the judicial fine within a certain period of time upon the notification order, the amount corresponding to the part not paid by the public prosecutor’s decision can be converted to prison. It will be decided to employ a convict in a job that is beneficial to the public, for two days a day. The daily working time will be determined by the probation directorate, with a minimum of two hours and a maximum of eight hours.
With the proposal, the conditions for the execution of the sentence under the probation regime and the probation period are redefined.
Accordingly, upon the request of the convicted prisoners who are in the open penal execution institution and spend four-fifths of their time in the penal execution institution for the conditional release, the assessment prepared by the administration of the penal execution institution for the execution of the part of their penalties up to the date of conditional release by the application of probation Considering the report, the location of the Chief Public Prosecutor, who carries out the execution of the verdict, can be decided by the execution judge. According to this paragraph, the period of execution shall not exceed three years by applying a probation measure.
WOMEN PROVISIONS WITH CHILDREN IN THE ZERO – SIX YEARS GROUP
With the arrangement, women convicts who have children in the age group of six and six, and convicts who cannot sustain their lives alone due to a severe illness, disability or husband that they are exposed to, can also benefit from execution.
He / she will be able to benefit from three-fifths of the time they have to spend at the penal institutions for conditional release, if they spend the time in the penal institution. They have to document severe illness, disability or husbandhood with a report taken from the Forensic Medicine Institute or approved by the Forensic Medicine Institution by the medical boards of full-fledged hospitals determined by the Ministry of Justice. The period of execution will not exceed four years by applying a probation measure.
In the event that a public case has been filed for a deliberate crime that has been committed after the probation order has been initiated and the lower limit of his sentence requires a prison sentence of one year or more, the execution judge will be decided to be sent to the open criminal execution institution at the request of the probation directorate. . In the event that acquittal, punishment is not allowed as a result of the prosecution, if the case is rejected or a decision is made, the execution judge will decide to continue the execution of the sentence of the convict by applying a probation measure.
With the proposal, the two-thirds general rate regarding the conditional release of convicts is determined as half. When this time comes, the attitudes and behaviors of the convict will be evaluated and if positive, the convict will be able to benefit from conditional release, otherwise the execution of the prison sentence will continue.
However, those convicted of intentional killing, torture, sexual assault, drug or stimulant production and trade, crimes against state secrets, and espionage crimes specified in the Turkish Penal Code may benefit from conditional release if they serve two-thirds of their sentences at the execution institution. In addition, the conditional release rate for children convicted of crimes committed under the scope of the Anti-Terrorism Act and the crimes committed within the framework of the organization’s activity or the organization to commit a crime will be applied as two-thirds.
In terms of crimes with a conditional release rate of more than two thirds, the conditional release rate they apply will be applied.
The execution judge will also be able to decide that the convict shall be subject to obligations to be determined by the probation directorate within the period of the inspection, not exceeding two years. In accordance with this decision, the probation directorate may subject the convict to one or more of the obligations to keep the convicted under control and surveillance in a certain region, not to attend the specified places or regions, and not to participate in the programs determined. The probation directorate will be able to change obligations by taking into account the risks and needs of the convict.
The reasoned report prepared by the administration of the penal institution about the conditional release of the convict will be given to the execution judge at the place of execution. If the execution judge finds this report appropriate, he will decide on the conditional release of the convict. If he does not approve the report, he will show his reason in his decision. An objection can be filed against these decisions.
Arrangements are made for those sentenced to life imprisonment due to the crime committed repeatedly. The proposal provides for a maximum of thirty-two years to be spent in prison at the penal institution, in case of repeated sentences for multiple terms of imprisonment.
The enforcement judge, for a total of one year and six months in crimes committed deliberately at the request of the convict, by entering the prison sentence of three years or less in total at 19.00 on Fridays and leaving at the same time on Sundays. On weekends, except for weekends, by entering at 19.00 every day and leaving at 07.00 the next day, he will be able to decide to be sent to the penal committees at night.
Without prejudice to the legal responsibilities for the damage caused by the convicted crime to be fully eliminated by returning, prior to the crime or compensation; It will be decided by the execution judge to imprison the prison sentence for a total of one year in which women, children, or people who have completed the age of sixty have been sentenced, a total of two years in which those who have completed the age of seventy, and those who have completed the age of seventy-five have been sentenced, or less.
It will be decided by the execution judge that the convicted women, who have been sentenced to prison terms of three years or less in total for six months from the date of their birth, or who have been converted to prison in the process of judicial fines, will be decided by the execution judge. In order to make a claim under this paragraph, the woman will not have been six months from the date of her birth. If the child is killed or given to someone other than his mother after deciding on the execution of the dwelling, the enforcement judge will remove his decision on the execution of the dwelling in the dwelling.
Conditional release provisions will be applied according to the execution regime they are subject to for those who have been ordered to be sentenced according to the special execution procedure.
The decision to impose the sentence according to the special execution procedure can be made after the execution is started.
Upon request, the enforcement judge will be able to stop the application of this procedure during the punishment according to the special execution procedure. If the requirements of the special execution procedure are not followed without a valid excuse, the implementation of this procedure will be terminated and in this case, the execution will continue at the penal execution institution. The time spent according to the special execution procedure will be deducted at the execution stage.
Those provisions are those convicted of terrorism crimes and crimes against establishment, management or membership of the organization or crimes committed within the scope of organizational activity, those convicted of crimes against sexual immunity, those who have been sentenced to imprisonment during the process of judicial fines, the sentence is the same due to the withdrawal of the conditional release order Those who are executed will not be applicable to them.
DENETİMLİ SERBESTLİKTEN YARARLANMA SÜRESİ 1 YILDAN 3 YILA ÇIKACAK
Teklife göre, bakıma muhtaç ve dışarıda korumasına bırakılacak kimsesi bulunmayan sıfır-altı yaş grubundaki çocuklar, tutuklu annenin yanında barınabilecek.
Ana, baba, eş, kardeş, çocuk, eşin anne veya babasından birinin yaşamsal tehlike oluşturacak hastalığı hallerinde tutukluya bir defaya mahsus olmak üzere verilen izin, asgari bir ay arayla toplam iki defaya çıkarılacak.
Denetimli serbestlikten yararlanma süresi 1 yıldan 3 yıla çıkacak. 30 Mart 2020 tarihine kadar işlenen suçlar bakımından kasten öldürme; üst soya, alt soya, eşe veya kardeşe, beden veya ruh bakımından kendisini savunamayacak durumdaki kişiye karşı işlenen kasten yaralama ve sonucu nedeniyle ağırlaşmış yaralama, işkence, eziyet suçu ile cinsel dokunulmazlığa karşı işlenen suçlar, özel hayata ve hayatın gizli alanına karşı suçlar, uyuşturucu veya uyarıcı madde imal ve ticareti suçu ile Terörle Mücadele Kanunu kapsamına giren suçlar kapsam dışı kalacak.
Söz konusu tarihe kadar işlenen suçlardan, istisna sayılan suçlar hariç, sıfır-altı yaş grubu çocuğu bulunan kadın hükümlüler ile 70 yaşını bitirmiş hükümlüler için bu süre, 2 yıldan 4 yıla yükseltilecek.
ÇOCUK HÜKÜMLÜLERE AYRICALIK
Maruz kaldığı ağır bir hastalık, engellilik veya kocama nedeniyle hayatını yalnız idame ettiremeyen 65 yaşını bitirmiş hükümlülerin, koşullu salıverilmeleri için ceza infaz kurumlarında geçirmeleri gereken sürelerde azami süre sınırına bakılmaksızın denetimli serbestlik uygulanacak. “İyi halli” olmak koşuluyla kapalı ceza infaz kurumlarındaki hükümlüler hakkında da bu süreler geçerli olabilecek.
Hükümlü hakkında denetimli serbestlik uygulanmaya başlandıktan sonra işlediği iddia edilen ve cezasının alt sınırı 1 yıl veya daha fazla hapis cezasını gerektiren kasıtlı bir suçtan dolayı soruşturma başlatılması halinde, denetimli serbestlik müdürlüğünün talebi üzerine infaz hakimince, hükümlünün açık ceza infaz kurumuna gönderilmesine karar verilebilecek. İnfaz hakimi, soruşturma sonucunda kovuşturmaya yer olmadığı kararı verilmesi halinde, hükümlünün cezasının, denetimli serbestlik uygulanarak devam etmesine karar verecek.
Teklifle, 30 Mart 2020’ye kadar işlenen suçlar bakımından tabi olduğu infaz rejimine göre belirlenen koşullu salıverilme süresinin hesaplanmasında, hükümlünün 15 yaşını dolduruncaya kadar ceza infaz kurumunda geçirdiği 1 gün; 3 gün olarak, 18 yaşını dolduruncaya kadar ceza infaz kurumunda geçirdiği 1 gün ise 2 gün olarak dikkate alınacak.
31 MAYIS’A KADAR İZİNLİ SAYILACAKLAR
Teklifle, uygulama birliğinin sağlanması amacıyla kanunun yürürlüğe girdiği tarihten önce işlenen suçlarda, söz konusu maddede yapılan değişiklikten önceki ve sonraki hükümler bir bütün olarak ayrı ayrı değerlendirilecek, hükümlünün lehine olan düzenleme tespit edilerek, uygulanacak.
Denetimli serbestlik için iyi halin saptanmasına yönelik değişiklikler, 1 Eylül 2020’de uygulanmaya başlayacak.
Hükümlünün denetimli serbestlik müdürlüğüne başvurma süresi, Kovid-19 nedeniyle 5 gün yerine, 1 Eylül 2020 tarihine kadar 25 gün olarak uygulanacak.
Ayrıca Kovid-19 salgını nedeniyle açık ceza infaz kurumlarında bulunanlar ile kapalı ceza infaz kurumunda bulunup da açık ceza infaz kurumlarına ayrılmaya hak kazanan hükümlüler, denetimli serbestlik tedbiri uygulanarak cezasının infazına karar verilen hükümlüler ve diğer denetimli serbestlik tedbirinden yararlanan hükümlüler, 31 Mayıs 2020’ye kadar izinli sayılacak.
Salgının devam etmesi halinde bu süre, Sağlık Bakanlığının önerisi üzerine, Adalet Bakanlığı tarafından her defasında 2 ayı geçmemek üzere 2 kez uzatılabilecek.
TAKİP EDİLEN ÇOCUK İÇİN REHBER UZMAN
Açık ceza infaz kurumlarında bulunan hükümlülerin, kamu kurum ve kuruluşlarının iş alanlarında çalıştırılmasına ilişkin düzenleme, teklifin yasalaşmasından itibaren 1 yıl sonra uygulanacak.
Teklif, Çocuk Koruma Kanunu’nda da değişiklik yapıyor. Suça sürüklenen çocukların, yeniden suç işlemelerinin engellenmesini hedefleyen değişikliğe göre, denetimli serbestlik müdürlüğü tarafından takip edilen çocuk için adli kontrol süresince rehberlik edecek bir uzman görevlendirilecek ve çocuk hakkında yapılacak ihtiyaç değerlendirmesine göre iyileştirme çalışmaları yürütülecek.
Denetimli Serbestlik Hizmetleri Kanunu’nda yapılan değişiklikle adli kontrole ilişkin bazı tedbirleri takip etme görevi, denetimli serbestlik müdürlüğünün görev alanından çıkarılıyor.
Denetimli serbestlik uygulaması kapsamında, hükümlünün takibi, rızası alınarak, kendisine ait elektronik cihazlarla da yapılabilecek.
DENETİMLİ SERBESTLİK TEDBİRİ ALTINDA BULUNANLAR
Teklife göre, denetimli serbestlik tedbiri altında bulunan ve denetimli serbestlik müdürlüğü tarafından muhtaç durumda olduğu tespit edilen yükümlülerin, kamuya yararlı bir işte ücretsiz çalıştırılma yükümlülüğünü yerine getirirken mutad vasıtayla yaptıkları yol giderleri müdürlük bütçesinden, iaşe giderleri ise çalıştırıldıkları kurum bütçesinden karşılanacak.
Kaçakçılıkla Mücadele Kanunu’nu kapsamında, kaçakçılık fiiline konu eşyanın değerinin “hafif” olması halinde verilecek cezalar yarısına kadar, “pek hafif” olması halinde ise üçte birine kadar indirilecek.
Kaçakçılıkla Mücadele Kanunu’nda düzenlenen suçlar bakımından kovuşturma evresinde de etkin pişmanlık hükümleri uygulanacak. Etkin pişmanlık hükümleri, soruşturma evresinde cumhuriyet savcısı tarafından şüpheliye ihtar edilecek, edilmemesi halinde kovuşturma evresinde hakim tarafından sanığa ihtar yapılacak. Cumhuriyet savcısı usulüne uygun olarak ihtar yapmışsa, hakimin yeniden ihtarına gerek olmayacak.
Haklarında hüküm verilmiş olup da dosyası infaz aşamasında olanlar, 90 gün içinde suç konusu eşyanın gümrüklenmiş değerinin iki katı kadar parayı Hazineye ödedikleri takdirde etkin pişmanlık hükümlerinden yararlanabilecek.
YARGI VE CEZA İNFAZ KURUMLARI PERSONELİ ATAMALARINDA DEĞİŞİKLİK
Teklifle, hukuk fakültesi ve adalet meslek yüksekokulu mezunlarının yanı sıra meslek yüksekokullarının adalet veya ceza infaz ve güvenlik hizmetleri programı, lise veya meslek liselerinin adalet alanı ve ilgili mevzuat uyarınca bunlara denkliği kabul edilen program veya alanlardan mezun olanlara da öncelik tanınacak.
İlk defa devlet memurluğuna atanacaklardan merkezi sınavda başarılı olanların sözlü ve gerektiğinde uygulamalı sınavlarının bir bölümü ya da tamamı, adalet komisyonunun yanı sıra Adalet Bakanlığı bünyesinde oluşturulacak sınav kurullarınca da yapılabilecek.
Ceza İnfaz Kurumları ile Tutukevleri İşyurtları Kurumuna İlişkin Bazı Mali Hükümlerin Düzenlenmesi Hakkında Kanun’daki değişikle her türlü faaliyet dışı gelirleri ve faizler hariç, iş yurtlarının yıllık bilançolarındaki karlarının yüzde 25’ini aşmamak üzere yapılan kar payı ödemelerinden, iş yurtlarında görevli personel, işçi ve hükümlülerin yanı sıra tutuklular da yararlanacak.
Ayrıca, üstün gayret ve başarı gösteren iş yurdu çalışanları, tutuklu ve hükümlüler ile ceza infaz kurumu personeline teşvik ödemesi yapılabilecek. (SPUTNİK)
