With the new regulation, amendment to the 148st article of the Regulation on the Management of Penal Institutions and the Execution of Penalties and Security Measures with 51 articles.
The Regulation Amending the Regulation on the Management of Penal Institutions and the Execution of Penalties and Security Measures, which was prepared in line with the objectives of the judicial packages enacted within the scope of the Judicial Reform Strategy Document and the Human Rights Action Plan, was published in the Official Gazette and entered into force.
With the regulation, a new execution model was introduced for those in open prisons. Convicts who deserve to be released with good behavior will be able to complete their sentences by working in another public institution other than the prison and taking part in the facilities of that institution.
In this context, by assuming social responsibility, convicts will be able to support various public activities such as planting saplings, tree care and fighting against forest fires, and social issues such as disaster relief.
With the new regulation, the phrase "naked search" regarding the detailed searches made on suspicion at the first admission to convicts and detainees was removed from the regulation and the phrase "detailed search" was added instead. In the regulation, it was emphasized that it is essential not to violate the sense of shame and respect for human dignity and dignity during searches and counts.
According to the regulation, if the dependents of the convicts are in need of financial support, the prison administration will notify the relevant public institution or municipality.
The psychosocial development of children in the 0-6 age group staying with their mother in prison will be followed by psychosocial assistance service staff.
If the child who has completed the age of six has no one to take care of outside, this situation will be reported to the Provincial Directorate of Family and Social Services by the prison administration, and the children will be delivered to the institution determined by the Provincial Directorate of Family and Social Services through officials.
Protective and supportive measures will be taken after the execution of the convictions of juvenile delinquents. In cases where a prison doctor is not available, family physicians will be able to provide this service. For this, a protocol will be signed between the Ministry of Health and the Ministry of Justice.
Cooperation will be made between prison libraries and libraries of other public institutions.
While convicts are admitted to the institution, they will be admitted to the institution together with the report that will be taken from the family doctor from the institution physician, and from the hospital in case of their absence.
Provisions of execution in the residence and at night
Special execution methods such as execution in the house and execution at night will be used more widely and effectively. In this context, the execution judge, upon the request of the convict, is sentenced to a total of 1 year and 6 months in prison for crimes committed intentionally, and a total of 3 years or less for crimes committed by negligence, excluding the crime of negligence, to enter every week at 19.00 on Fridays and at the same time on Sundays. It can be decided that he should be taken at night in penitentiary institutions, on the condition that he enters at 19.00 every day except weekends and leaves at 07.00 the next day. These convicts will be housed in institutions, in separate places.
Without prejudice to the legal responsibilities regarding the restitution of the damage caused by the crime subject to the conviction, rendering it before the crime or compensating it completely, women and children over 65 years of age are convicted for a total of one year, for those over 70 years of age in total 2 years, for those over 75 years old a total of 4 years. It may be decided to serve a prison sentence of less than one year in his residence.
Among the convicts who were sentenced to a prison sentence of less than 5 years in total and whose sentence was commuted to imprisonment during the execution process, those who, due to a serious illness or disability, are found to be unable to maintain their lives alone under the conditions of the penitentiary institution, may be sentenced to be served at their home.
Convicted women who have been sentenced to imprisonment for a total of 6 years less than 3 months from the date of birth or whose judicial fines have been commuted to imprisonment during the execution period may be sentenced to be rendered in their residence. In order to make a claim in this context, the woman must not have passed 1 year and 6 months from the date of birth.
Standards for the admission of periodicals and non-periodicals to prison will be expanded. The right of convicts to make phone calls will be expanded. Convicts will be given the opportunity to make video calls during their religious holidays.
In addition, convicts will be able to send letters electronically and receive these letters with the same methods. Transfer costs will not be collected from convicts whose financial situation is not good.
The convicted children to be released will be notified to the relevant institutions in order to take protective and supportive measures. It will be ensured that those who have no one among them and whose relatives cannot be reached despite all efforts, and those who have relatives but who are deemed unsuitable to be given to them, for whom appropriate injunctions have been taken, will be delivered to the Provincial Directorate of Family and Social Services.
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