The bill, known as the 6th Judicial Package, which predicts new regulations and changes to the Turkish Penal Code and some other laws, was submitted to the Turkish Grand National Assembly on 16 March 2022.
What are the major changes to the bill, which include new regulations on various issues?
On offer; Concerning the prevention of ‘violence against women’, which we can probably call the biggest social problem in our country and which we have not been able to prevent, should not be reduced, etc. There are new rules on many such issues
To prevent ‘violence against women’, the Turkish Penal Code proposes to regulate continuous surveillance as a separate crime.
Again, there are regulations that increase the punishment for crime and have a preventive quality to prevent ‘violence against healthcare workers’ that we have often heard recently.
The package, which also includes articles on assistant judges and prosecutors, also calls for the establishment of special courts in the fields of environment, development and energy.
3 Prevention of violence against women
In our country so far many steps have been taken against violence against women. Unfortunately, these measures have not prevented violence against our women. The problem of violence against women in Turkey continues and this situation is probably our biggest social problem.
The European Court of Human Rights considers the basis of violence against women in our country to be a reflection of the patriarchal structure adopted in our society, especially the legal system and the police force.
Even the European Court of Human Rights has ruled that Turkey should be compensated for “failing to prevent violence against women.”
Has our country really failed to prevent violence against women?
In our opinion, there is another problem in the implementation of the provisions of the law. Judicial authorities primarily use mediation and try to reconcile the parties to the issue of domestic violence. These steps, which were taken with very good intentions, have unfortunately cut off many women from life.
In other words, even if there are problems due to improper implementation of the provisions of the law, the ability to prevent crime will be enhanced by making some changes in our laws and enacting rules.
In this regard, the 6th Judicial Package proposes that the TPC’s most widely applied article on the prevention of violence against women should not be applied to such crimes.
Article 62 of the TCK No. 5237 regulates the ‘causes of impunity’ and with this provision, the offender is sentenced to life imprisonment instead of increasing life imprisonment, 25 years instead of life imprisonment and in other cases. Is reduced by 1/6.
The new version of the provision, which includes amendments, states that “the formal attitude and conduct of the offender to influence the court during the hearing is not considered a cause of loss of my judgment.” In other words, the so-called tie discount and suit discount should no longer apply to these people.
However, section 82/1-f of the TPC, which provides for ‘offenses against a woman known to be pregnant’, which governs cases worthy of the crime of intentional homicide, has been changed to ‘crime against crime’. Women ‘, and if only one woman is the victim of a case worthy of the crime of intentional homicide.
The law also proposes to increase the penalty for women who are victims of ‘injury’, ‘torture’, ‘torture’ and ‘threat’ offenses. Also, section 100 of the CMK includes new rules to add offenses of intentionally injuring women and to include them in catalog offenses which are considered to be cause of arrest.
In the context of preventing violence against women, it has been suggested that the perpetrator be sentenced to six months to two years in prison, adding “constant haste” as a separate offense to the offense of “disturbing the peace and tranquility of the people.” TPC
3 Prevent violence against healthcare professionals
Following the recent rise in violence against healthcare professionals, it has been recommended to introduce new measures with the 6th Judicial Package to Prevent Violence Against Healthcare Professionals.
At the outset of these measures, there are certain rules that prevent crime from occurring, such as increasing the punishment for such crimes, not reducing them, and allowing them to be arrested.
Under our current law, penalties for those who intentionally injure healthcare professionals are reduced by reducing a good behavior and can be converted into a fine. In its new case, it is proposed not to apply the considerable reduction of Article 62 of the Turkish Penal Code in the case of such offenses.
In addition to adding the crime of intentionally injuring women to Article 100 of the CMK, it also includes catalog offenses where the cause of arrest is presumed and the crime of intentionally injuring employees working in health institutions and agencies while on duty. Or added to Article 100 of the CMK because of their liability and included in the catalog offenses where the reason for the arrest could be presumed.
Also, to introduce the practice of obtaining permission for forensic investigations due to examinations, diagnoses and treatment related procedures and practices performed by physicians, dentists and other healthcare professionals working in public or private health institutions and organizations. There are also new regulations to ensure that healthcare professionals are approved, and this scope includes approval of the Professional Responsibilities Board established under the Ministry of Health.
3 Assistant Judge and Prosecutor
According to the Ministry of Justice, 70% of our current judges and prosecutors are 5 years old or younger. This situation destroys confidence in the judiciary. Because professional maturity can only be developed by taking active responsibility in the profession. In this case, a new phase will be introduced before becoming judges and prosecutors and it will be ensured that assistant judges and prosecutors participate more actively in court work, take on important responsibilities and learn tasks better.
Indeed, timely decisions, timely disclosures of justice and accuracy will increase confidence in the judiciary and the rule of law. For this reason, it will be assessed that the institution of assistant judge and prosecutor will be introduced by reforming the law.
A period of 3 years is forecast for the organization of Assistant Judges and Prosecutors. During these three years, Assistant Judges and Prosecutors will be trained with great success in the master-student relationship in the courts designated by the Instructor Judges and Prosecutors by the Instructor Judges and Prosecutors.
3 Establishment of special court
The bill regulates the separation of judges from criminal and civil judges in their professional lives and the establishment of special courts in areas where specialization and specialization such as environment, development and power are required.
This control was needed in Turkey and around the world due to the growing conflict over environmental disasters, unrefined energy fields and zoning issues due to climate change.
The main change in this bill, which includes new regulations on various issues.