A Code changing regulations in some critical aspects of Turkish laws and regulations which have been published in Official Gazette in April is in force from 1st of September 2023. Changes cover a wide range of topics, from enforcement proceedings to drug trafficking and Constitutional Court’s organisation.
New Regulations
- Enforcement Proceedings: Prohibition of enforcement proceedings in residences without judicial approval. This means that creditors will no longer be able to seize property or assets in a residence without first obtaining a court order.
- Mediation: Mediation is now obligatory for certain types of disputes before a lawsuit can be filed. These disputes include rental relationships, movable and immovable property, the liquidation of partnerships, the Condominium Law, and neighboring rights.
- Female Convicts: The execution of a female convict’s sentence to be postponed for up to one year due to the illness of her child. The postponement period may be extended for up to two years, in periods of no more than six months each.
- Seizures: A new law has been passed that prohibits seizures in excess of the amount sufficient to cover the debt subject to enforcement proceedings. This means that creditors can no longer seize more property or assets than they are owed.
- Synthetic Narcotics and Stimulants: The penalty for the crime of manufacturing and trading synthetic narcotics and stimulants has been increased by half.
- Drug Treatment and Rehabilitation: Those who have been convicted of the crime of purchasing, accepting, or possessing drugs or stimulants for use, or using drugs or stimulants, will now be required to participate in treatment and rehabilitation programs.
- Migrant Smuggling: The lower limit of the sentence for migrant smuggling has been increased from 3 years to 5 years.
- Lawyer’s Office Expenses: It will be easier for lawyers to obtain access to credit and financing to cover the costs of setting up an office.
- Bar Association Dues: Bar association dues will no longer be collected from lawyers who have just started their profession for the first 5 years.
- Public Sector Employment for Families of Disabled Personnel: Relatives of personnel working in penal institutions who are considered to be disabled are now granted the right to employment in the public sector.
- Compensation for Individual Applications Pending Before the Constitutional Court: Applications for compensation can now be made to the Compensation Commission for some individual applications pending before the Constitutional Court.
- Questioning of Defendants Before Certain Decisions Is to Be Made: It is now required that the defendant to be questioned before a decision of “no criminal liability” or any “security measure”.
