Judicial Package prepared by the Ministry of Justice THE FOURTH within the scope of the Judicial Reform Strategy Paper and Human Rights Action Plan has taken shape to a large extent. Seven laws will be amended in the 32-item package, which went through the final phases of study this week. It will be submitted to the Nationalist Movement Party (MHP) before opposition parties after which it will be submitted to Parliament as a legislative proposal.
A series of regulations will be made in the package, from tax crime penalties to the upper limit of judicial control. ‘Effective remorse’ provisions will also be implemented for tax crimes in line with the amendment in the Tax Procedure Law, according to AK Party resources. 50% and 75% compromise can be reached in tax fines at the investigation and prosecution stages. The right to remedies will be reserved.
Objections will be able to made to appeal courts in imprisonment, according to the draft. Criminal courts of first instance and high criminal courts will examine the objections for judicial control decisions and arrest warrants made to the criminal courts of peace.
In offences committed against divorced spouses, perpetrators will also be sentenced to heavy penalties similar to offences committed against a spouse. Even if offences of willful murder and injury, torture and deprivation of liberty are committed against a divorced spouse, they will be included in the ‘qualified version of the offence’.
The scope of the catalogue crimes, which refers to (a set of crimes types expressing that certain security measures can be applied or that there are more specific conditions for their implementation,) requiring remand will be narrowed. Concrete evidence in detention will be stipulated. The reason why the judicial control implementation is insufficient will be specified with justifications while the arrest warrant will be issued.
An upper limit will be brought to judicial control measures such as international or intercity travel bans. One day to be spent in house arrest will be admitted as two days. Thus, time spent in house arrest will be deducted from the final sentence.
Judicial control will be limited to two years. Judicial control decisions will be reviewed every four months. Declaratory and hearing decisions will be destroyed if there is an acquittal. No other information about the suspect will be included in the indictment except for accusations related to the offence. A meeting between the suspect and advocate can be postponed in case it is factually proven that such a meeting will endanger the purpose of the investigation.
Notices won’t be stipulated in criminal offences below two years in summary trial. The complainant will get both summons and the indictment. Notifications can also be made using methods such as e-mail in order to accelerate the access to justice. Statements can be taken 24/7 in courts to prevent aggrievement.
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