The Law on Amendments to the Criminal Procedure Law and Certain Other Laws numbered 7499 (the Law), which is publicly known as the “8th Judicial Package” has been adopted as law and came into force after it was published in the Official Gazette dated 12 March 2024 and numbered 32487.
Summary
Amendments on Time Limits
With the Law, time limits designated as “days” in terms of right to appeal have been changed to “weeks” and “months” and the weekly time limits have been set as 2 weeks by making amendments on the relevant provisions of the Enforcement and Bankruptcy Law, the Criminal Procedure Law, the Consumer Protection Law, the Judgeship of Execution Law No. 4675, Misdemeanors Law No. 5326, Child Protection Law No. 5395 and the Civil Procedure Law.
Further, to ensure more effective use of the right to legal remedies, strengthen legal security and prevent loss of rights, clear regulations are introduced with respect to the appeal time limits which provides such limits to commence from the date of notification of the reasoned decision instead of pronouncement of the judgement. Prior to the Law, depending on the type of the judicial authority, certain time limits for resorting to legal remedies commenced with the pronouncement of the judgement, hence the individuals have suffered from loss of rights during litigation proceedings, especially in cases not pursued with an attorney. With the amendments, it is aimed to establish uniformity in this respect and enable the parties to exercise their right to fair trial more efficiently.
Major Amendments on Criminal Regulations
Regulations on the Institution of Deferral of Announcement of the Verdict
Amendments on Appeal Time Limits
As explained above, the Law stipulates that, as in civil proceedings, appeal can be requested within 2 weeks from the date of notification of the reasoned decision in criminal proceedings.
Amount of Judicial Fine
The Law provides for a redefinition of the amounts for judicial fines regulated in the Turkish Penal Code, to be at least TRY 100 and at most TRY 500 per day.
Amendment on the Law on Misdemeanors
The Law stipulates an increase in the monetary limit from TRY 3,000 to TRY 15,000 for the finalization of decisions issued upon application against administrative fines regulated in the Law on Misdemeanors.
Provisions Regarding the Indemnity Commission
Amendments on the PDPL
PARTNER
Müşavvir Enerji / Elektrik Petrol ve Doğal Gaz Madencilik Taşımacılık ve Lojistik Kamu Özel İşbirlikleri ve İmtiyazlar İnşaat ve Altyapı Finansal Hizmetler Projeler ve Proje Finansmanı Bankacılık ve Finans Şirketler ve Ticaret Hukuku Sermaye Piyasası Hukuku Kamu İhale Hukuku Gayrimenkul Hukuku
SENIOR ASSOCIATE
Avukat Tüketim Ürünleri Enerji / Elektrik Madencilik Savunma Şirketler ve Ticaret Hukuku Birleşme ve Devralmalar Dava ve Uyuşmazlık Çözümleri
INTERN LAWYER
Stajyer Avukat
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