Law No. 7571 on the Amendment of the Turkish Penal Code and Certain Other Laws and Decree-Law No. 631, publicly referred to as the “11th Judicial Reform Package”, entered into force following its publication in the Official Gazette dated 25 December 2025. In recent years, the successive judicial reform packages adopted within the Turkish judicial system have primarily aimed at addressing structural problems encountered in practice and enhancing the efficiency of judicial proceedings.
Within this framework, the 11th Judicial Reform Package introduces significant amendments in numerous areas, notably including the re-determination of penalty thresholds under the Turkish Penal Code, the expansion of the scope of the execution regime specific to the COVID-19 period, the reorganisation of disciplinary provisions under the Attorneyship Law in line with the Constitutional Court’s decisions, and amendments to the Enforcement and Bankruptcy Law aimed at expediting tender procedures. This article examines these regulations as a coherent whole and evaluates their principal legal implications.
I. AMENDMENTS TO THE TURKISH PENAL CODE
1. Security Measures in Cases of Diminished Criminal Responsibility (TPC Art. 32)
With the amendment to Article 32 of the Turkish Penal Code (TPC), the execution and security measure regime applicable to persons with partial mental illness who are deemed to bear criminal responsibility has been restructured. Under the previous regulation, such individuals were subject solely to a reduction in penalty, while the imposition of security measures specific to mentally ill offenders was not explicitly prescribed as mandatory.
Under the new regulation, in addition to the execution of the imposed custodial sentence, the application of security measures specific to mentally ill offenders has been rendered mandatory. This approach seeks to strike a balance between the punishment of the offender and the protection of society.
2. Minimum Duration of Security Measures for Mentally Ill Offenders (TPC Art. 57)
With the provision added to Article 57 of the TPC, minimum periods for the confinement of mentally ill offenders subject to security measures in healthcare institutions have been stipulated. Accordingly, mandatory confinement periods are as follows:
- At least one year for offences punishable by life imprisonment or aggravated life imprisonment;
- At least six months for offences punishable by imprisonment with an upper limit exceeding ten years.
This amendment aims to enhance the effectiveness of treatment and rehabilitation processes.
3. Expansion of the Scope of Advance Payment in the Offence of Insult (TPC Art. 75)
The advance payment regime applicable to the offence of insult has been significantly expanded through the amendment to Article 75 of the TPC. While previously only insults committed via communication tools fell within the scope of advance payment, the new regulation extends this mechanism to insults committed face-to-face or in absentia.
However, insults directed at public officials on account of their duties remain excluded from the advance payment regime. The amendment aims to reduce the workload of criminal courts and to ensure the swift resolution of disputes.
4. Increase in Penalties for Negligent Injury (TPC Art. 89)
The statutory penalty limits for the offence of negligent injury have been increased. The basic form of the offence is now punishable by imprisonment ranging from four months to two years. In cases where multiple victims are injured, the penalty has been set at imprisonment from nine months to five years. Through this amendment, the legislator seeks to enhance deterrence against breaches of the duty of care and diligence.
5. Aggravated Form of Breach of Trust Involving Vehicles (TPC Art. 155)
With the newly added provision to Article 155 of the TPC, cases where the subject matter of the offence is a motor vehicle—whether land, sea, or air—have been classified as an aggravated form of the offence. In such cases, the imposed penalty shall be increased by one half. This amendment provides a more effective sanction, particularly in response to abuses arising from vehicle rental and delivery relationships.
6. Endangering Public Safety with Intent (TPC Art. 170)
The basic penalty prescribed under this provision has been increased, with the offence now punishable by imprisonment from one to five years. Blank-firing firearms have been explicitly included within the scope of the offence, and an increase by one half of the penalty has been introduced where the act is committed in public or crowded areas. The primary objective is to prevent the use of firearms in residential areas.
7. Establishing an Organisation for the Purpose of Committing Crimes (TPC Art. 220)
Penalty limits for the offences of establishing and managing a criminal organisation have been increased, and the rate of aggravation applicable to armed organisations has been clarified. Furthermore, the use of children as instruments in the commission of offences within the scope of organisational activity has been explicitly regulated as an aggravating circumstance. In such cases, an increase in penalty ranging from one half to twice the original sentence is prescribed for organisation leaders.
8. Reorganisation of Offences Against Means of Transportation (TPC Art. 223)
Both the title and content of this provision have been comprehensively revised. The requirement of force or threat for the commission of the offence has been removed, and any unlawful act is now deemed sufficient for the offence to occur. A differentiated and significantly increased penalty regime has been adopted with respect to road, sea, rail, and air transportation vehicles.
II. COMPETENT COURT IN THE OFFENCE OF FRAUD
With the amendment to Law No. 5235, courts of first instance for criminal matters have been designated as competent to hear cases involving aggravated fraud as well. This amendment aims to prevent jurisdictional disputes arising when the legal qualification of the offence changes during trial proceedings.
III. AMENDMENTS TO THE CRIMINAL PROCEDURE CODE
1. Suspension and Seizure of Accounts in Cybercrimes (CPC Art. 128/A)
With the newly introduced provision, bank accounts, payment accounts, and crypto-asset accounts containing proceeds obtained through cybercrimes may be suspended for up to 48 hours, followed by the initiation of seizure proceedings. The supervision of both the public prosecutor and the judge has been expressly regulated.
2. Reversal Authority of Regional Courts of Appeal (CPC Art. 280)
The reversal authority of Regional Courts of Appeal has been expanded, and all instances of absolute unlawfulness enumerated under Article 289 of the CPC have been recognised as grounds for reversal.
IV. “COVID-19” REGULATION UNDER THE LAW ON THE EXECUTION OF SENTENCES
With the amendment to Provisional Article 10, the scope of early probationary release has been expanded for offences committed on or before 31 July 2023. However, offences such as intentional homicide, sexual offences, crimes against the security of the state, and terrorist offences remain excluded. While the amendment seeks to address inequalities within the execution regime, it has also given rise to public criticism concerning impunity.
V. AMENDMENTS TO THE ENFORCEMENT AND BANKRUPTCY LAW
The amendments aim to expedite tender procedures by limiting the persons entitled to request the annulment of tenders and by subjecting deficiencies in security deposits and fees to strict time limits. Furthermore, in actions for annulment of dispositions, the presumption of donation has been rendered rebuttable in line with the decisions of the Constitutional Court.
VI. DISCIPLINARY SANCTIONS APPLICABLE TO ATTORNEYS
Following the annulment decision of the Constitutional Court, the disciplinary provisions of the Attorneyship Law have been restructured in accordance with the principles of legal certainty and foreseeability. The types of disciplinary sanctions have been clarified, and detailed regulations have been introduced regarding recidivism, limitation periods, and the expungement of sanctions from professional records.