EVALUATION OF STRUCTURAL, PROCEDURAL, AND INSTITUTIONAL REFORMS IN THE TURKISH JUDICIAL SYSTEM WITHIN THE SCOPE OF THE 12TH JUDICIAL PACKAGE

 

The legislative proposal commercially known as the "12th Judicial Package" and officially titled the "Law on Amending Certain Laws for the Effective and Efficient Operation of the Judiciary" was submitted to the Office of the Speaker of the Grand National Assembly of Turkey (GNAT) on June 22, 2026, adopted by the Justice Commission on June 24, 2026, and finally enacted by the Plenary of the GNAT on July 16, 2026, taking the Law Number 7589. The core philosophy of the Law can be summarized as alleviating the workload of the judicial organization, preventing rights violations arising from prolonged trials, developing a rational penal regime against digital and technological crime types, and breaking the perception of impunity established in public opinion. When the text of the Law is examined as a whole, it is observed that provisions frequently voiced in the public domain—such as general amnesties, collective execution reductions, or general alterations to conditional release periods—are not included in the package. In this respect, the Law is not a penal-oriented amnesty law, but rather a procedural and structural reform package.

 

1. Innovations in Criminal and Criminal Procedure Law

 

With the widespread adoption of technology and digital payment systems, the acts of allowing others to use bank accounts, IBAN information, or payment instruments belonging to third parties in aggravated fraud offenses have shown a significant increase. Under the former criminal practice, persons who merely permitted others to use their account or card faced severe imprisonment penalties directly for participation in aggravated fraud, which led to social and legal inequities. Paragraph 4, added to Article 158 of the Turkish Penal Code (TPC) by Article 13 of Law No. 7589, offers an equitable solution to this problem. Accordingly, in cases where participation in fraud or aggravated fraud is limited solely to providing bank/credit card or account details to others for the purpose of securing an unlawful benefit, the penalty to be imposed shall be reduced by half. The procedures introduced for pending cases and files at the execution stage with the implementation of this provision are presented comparatively in the table below:

 

Legal Status	Applicable Legal Mechanism	Loss Remediation Condition and Process	Legal Outcome to be Obtained
Files at the Stage of Legal Remedies (Appeal or Cassation)	Files before the criminal chambers of the regional appellate courts or the Chief Public Prosecutor’s Office of the Court of Cassation are reversed and remitted directly to the court of first instance.	At this stage, the condition of loss remediation is not primarily sought for the direct application of the reduction.	A new judgment is rendered by directly applying a one-half sentence reduction pursuant to TPC Art. 158/4.
Finalized Judgments at the Execution Stage	Commences upon the notification to be served by the court in execution files.	The convicted person is obligated to fully remedy the loss suffered by the victim within 6 months by way of exact restitution or compensation.	Additional reduction rights are obtained by benefiting from the active repentance reduction under TPC Art. 168/2.
Failure to Remedy the Loss (At the Execution Stage)	The execution process continues.	If the loss is not fully compensated within the 6-month statutory time limit, the process stalls.	Under no circumstances may a decision be made to stay or suspend execution until the loss is fully remediated.

 

The regime of the Suspension of the Pronouncement of the Judgment (HAGB) has also been restructured in line with the Constitutional Court’s annulment decision dated July 10, 2025. By Article 15 of Law No. 7589, the provisions of Article 231/5-14 of the Code of Criminal Procedure (CCP) were revised, and the path of objection (itiraz), which previously applied to HAGB decisions and consisted of a narrow-scoped review, was completely abolished. Under the new system, the legal remedy of appeal  before regional appellate courts against HAGB decisions, and the legal remedy of cassation against decisions rendered by regional appellate courts or the Court of Cassation acting as a court of first instance, have been opened. Appellate and cassation reviews have been expanded to allow review regarding all unlawful acts of substantive and procedural law. Furthermore, crimes of torture, torment, and ill-treatment committed by public officials due to their duties have been strictly excluded from the scope of HAGB, and in cases where the defendant cannot immediately remedy the loss, the opportunity to pay in monthly installments throughout the probation period has been introduced.

 

To protect the right of defense, rendering a conviction in absentia without taking the statement of absconded defendants has been prohibited. Absconded defendants who are apprehended or surrender voluntarily are granted the right to request a retrial by declaring that they wish to exercise their right of defense. Within the framework of protecting genetic data, the rule of immediate destruction of DNA profiles of persons acquitted or issued a Decision of Non-Prosecution (KYOK) has been adopted, whereas in other conviction scenarios, deletion after 20 years from the date of finalization has been accepted.

 

Finally, regarding the Chief Public Prosecutor of the Court of Cassation's authority to object to the Criminal General Assembly, the time limit for objections against the defendant has been increased from 1 month to 3 months, while no statutory time limit has been stipulated for objections in favor of the defendant.

 

2. Structural Changes in the Code of Civil Procedure (HMK)

 

The action for unquantified claims (HMK Art. 107), which has been applied in Turkish civil procedure law for the last fifteen years and has led to serious disputes in doctrine and practice regarding both its limits and cause of action requirements, has been completely abolished. In place of this institution, which caused prolonged trials and loss of rights for plaintiffs, a new procedure has been introduced through Paragraph 4 added to HMK Art. 109, which regulates partial claims. Under the new regulation, in cases where a portion of the claim is litigated, the claimed amount may be increased once until the end of the preliminary examination stage without being subject to the prohibition on expanding the claim. In the event of such an increase, the statute of limitations regarding the increased portion shall also be deemed interrupted as of the initial date the lawsuit was filed, thereby completely eliminating the risk of statute of limitations for plaintiffs. The fundamental changes in civil procedure law and their practical consequences are summarized in the table below:

 

Altered Institution / Article	Former Practice	New Regulation Introduced by Law No. 7589	Judicial and Practical Effects
Action for Unquantified Claims (HMK Art. 107)	In cases where the amount of the claim could not be fully determined, an action for unquantified claims could be filed.	The institution has been completely abolished; replaced by a one-time right of increase until the end of the preliminary examination in partial claims.	Confusion in practice has been resolved, and loss of rights due to procedural dismissal of claims has been prevented.
Hearing Intervals (HMK Art. 147)	Intervals between hearings were at the judge's discretion, and dates could be scheduled months later.	As a rule, the period between hearings cannot exceed 3 months, except in cases of imperative necessity.	Trials will be completed within a reasonable time, and lingering files will be expedited.
Limits on Recourse to Expert Witnesses	Judges could obtain expert reports at any stage, including on legal matters.	A sanction of "admonition" will be imposed on judges who resort to expert witnesses on matters capable of resolution through legal knowledge.	Files will be prevented from waiting for years with expert witnesses, reminding judges that they are the decision-making authority.
e-Hearing Signature Procedure (HMK Art. 149)	Physical signature processes of parties participating remotely slowed down proceedings.	The physical signature requirement for those participating via audio and video transmission has been removed; physical presence is required for waiver, acceptance, and settlement.	Technological integration will be facilitated, while maintaining security in declarations of intent affecting the merits.

 

3. New Sales Procedures in Enforcement, Bankruptcy, and Inheritance Law

 

In actions for the dissolution of tenancy in common, a sweeping reform was enacted in Article 114 of the Enforcement and Bankruptcy Law (EBL) to prevent family properties transferred via inheritance from being sold to third parties below their value. With the amendment made, in the sale of immovable properties where all stakeholders are heirs and no third party holds an ownership right, the first public auction shall be conducted closed strictly among the heirs. In this closed auction, bids are conditioned upon exceeding 100 percent of the appraised value  and covering partition expenses. Only if no buyer emerges in the first auction shall the second auction be opened to third parties and conducted over 50 percent of the appraised value.

 

In this process, an administrative fine has been introduced against auction buyers who maliciously block the process by failing to tender the bid price. To prevent stakeholders from bidding the highest price and stalling the auction by not paying, the absolute exemption from providing collateral when a stakeholder participates in the public auction has been abolished. Securing exemption from collateral up to the amount covered by the claim for creditors requesting a sale has been tied to an application to be made by the end of business hours on the business day preceding the conclusion of the auction period. The sale of movables and immovables belonging to persons under guardianship shall be conducted via public auction on the electronic sales portal integrated with UYAP.

 

4. Reforms Within the Scope of the Code of Administrative Judiciary Procedure (IYUK)

 

To alleviate the case load in administrative justice, the monetary limit for disputes to be resolved by a single judge has been set at 486,000 Turkish Liras as of 2026. Cancellation actions, full remedy actions, and tax disputes remaining below this monetary limit shall be decided by a single administrative or tax court judge instead of a panel. The scope of cases to be resolved by a single judge has further included student disciplinary penalties (excluding suspension and expulsion), temporary assignment, travel allowance, housing, and leave transactions of public officials, warning penalties, and non-temporary disciplinary penalties issued by professional organizations in the nature of public institutions. The monetary limits and procedural rules regarding appeal and cassation processes in administrative justice are detailed in the table below:

Legal Action / Decision Type	Monetary Limit / Procedural Rule	Status of Appealability to Cassation	Exceptions and Special Provisions
Single-Judge Limit (IYUK Art. 7)	Administrative and tax disputes of 486,000 TL and below.	Cassation route is closed.	Lawsuits filed against regulatory acts are heard by a panel regardless of the monetary limit.
Amount Difference Between Decisions	Difference in awarded amounts between decisions being 55,000 TL or below.	Cassation route is closed.	In cases within the single-judge limit, even if the difference exceeds 55,000 TL, recourse to cassation is unavailable.
Cassation Following a Quashing Decision	Regional Administrative Court (BİM) quashing the first-instance decision and ruling anew (to Danıştay within 30 days).	Cassation route is open.	Disputes subject to a single judge and decisions regarding attorney fees cannot be appealed to cassation under this scope.
Foreigners Law Cases	Lawsuits regarding deportation, administrative detention, and residence permits under Law No. 6458.	Cassation route is definitively closed.	Even if a new decision is rendered upon BİM’s quashing decision, cassation cannot be sought.
Abolished Cassation Provision	Administrative and tax cases whose subject matter remains between 270,000 TL and 920,000 TL.	Cassation opportunity has been abolished.	The provision regarding the cassation of decisions re-rendered by BİM upon a quashing decision is repealed (mülga).

Another important authority granted to regional administrative courts (BİM) is the power to directly correct the reasoning and reject the appeal application if it finds the reasoning of the first-instance court decision erroneous or deficient. Furthermore, BİM shall complete deficient discovery, expert examination, or hearing procedures itself to render its final decision, without remitting the file back to the court of first instance. The statutory period regarding reducing the number of Council of State  chambers to 10 and the rule of electing a single member for every two vacated memberships has been extended until July 23, 2030.

 

5. Dynamic Transformation in Interest and Compensation Calculations in the Law of Obligations

 

In cases where interest must be paid pursuant to the Turkish Code of Obligations (TBO) and the Turkish Commercial Code (TCC) but the amount has not been determined by contract, a dynamic indexing model has been introduced instead of a fixed interest application. Accordingly, the annual legal interest rate shall be determined as 80 percent of the rediscount rate applied by the Central Bank of the Republic of Turkey (CBRT) in short-term credit transactions on December 31 of the previous year. The mathematical formula for calculating the interest rate is constructed as follows:

 

Annual Legal Interest Rate = Rediscount Rate \ 0.80

 

An interim adjustment mechanism has been put into effect to prevent sudden changes in financial markets from creating injustice against parties. If the rediscount rate determined on June 30 differs by 5 percentage points or more from the rate on December 31 of the previous year, the rate as of June 30 shall be valid for the second half of the year (between July 1 and December 31). The accrual date of interest in compensation for deprivation of support and loss of working capacity has also been re-arranged within the framework of TBO Art. 55. For past periods where the victim's income can be net-established, interest shall run from the date of the tortious act, whereas for unknown future periods, it shall be calculated from the date of the judgment. This regulation shall apply solely to tortious acts occurring after its effective date.

 

6. Judicial Organization, Notary Public, and Institutional Structure Reforms

 

In order to increase the quality of the judicial and prosecutorial profession, the training and examination processes of candidate judges and prosecutors have been re-constructed in line with the annulment decision of the Constitutional Court. Candidates will be provided with training on basic constitutional, criminal, private, administrative, and tax law, as well as decision writing, trial management, and personal development; these trainings will be assessed through written and oral examinations scored out of a full 100 points.

 

To expedite notary transactions, the authority to inspect notary records and registers has been granted to courts, public prosecutor’s offices, and criminal judgeships of peace, as well as official departments and persons authorized to conduct investigations in notaries by specifying the subject matter. In the event that the original copy of a notary document is requested, the notary shall retain a certified copy on site and send the original to the relevant authority. Furthermore, certified copies of notary documents are permitted to be transmitted to competent authorities in physical or electronic environments via secure electronic signature, introducing exemptions from fees, taxes, and valuable paper costs. As for persons to be appointed to the presidency and memberships of the Council of Specialization of the Forensic Medicine Institute (ATK), the requirement of holding a doctorate or medical specialization degree in their fields has been introduced, and their term of office has been set at 4 years.

 

7. Issues Discussed at the Draft Stage but Excluded from the Scope of the Law

 

Issues that were intensely debated in the public domain during the preparation stage of the legislative proposal, but ultimately excluded from the finalized text of Law No. 7589 or deferred to future legislative terms, hold importance in terms of preventing false expectations in practice. The main headings contained in the Ministry of Justice's draft studies but subsequently eliminated or postponed are as follows:

Debated Draft Article	Related Law / Institution	Status in Finalized Law	Reason for Exclusion and Future Status
Abolition of Indefinite Alimony	Turkish Civil Code (TMK)	Completely removed from the package.	Following the Constitutional Court’s annulment decision on June 4, 2026, it was decided to address alimony reform under a more comprehensive family law package.
Age Limit for Children Pushed into Crime (SSÇ)	Turkish Penal Code / Child Protection Law	Excluded from the enacted text.	It is envisioned that aligning the SSÇ age limit with European standards (10-year limit) and a rehabilitation-focused model will be studied as a separate package.
Mandatory Representation by Counsel in Title Deed Transactions	Notary and Title Deed Legislation	Not included in the enacted text.	The requirement to retain a lawyer in transactions exceeding a specific monetary threshold (30 Million TL) has been postponed.
Limiting Decisions of Lack of Jurisdiction / Unlawfully Assigned Venue	HMK / Enforcement and Bankruptcy Law	Removed by motion during Plenary debates.	The provision preventing the reversal of first-instance decisions at the cassation stage due to lack of subject-matter or territorial jurisdiction was rejected on the grounds that it restricted defense rights.
Court Change for Aggravated Fraud	TPC Art. 158	Not included in the text of the Law.	The proposal to transfer cases within the scope of TPC Art. 158 from High Criminal Courts to Criminal Courts of First Instance was rejected.
Expanding the Scope of Reconciliation	CCP Art. 253	Not included in the package.	Public expectation regarding the inclusion of aggravated fraud (Art. 158) and aggravated theft (Art. 142) crimes within the scope of reconciliation was not met.
Probation Reform	Law on the Execution of Sentences	Not regulated in the package.	Execution amendments that would eliminate probation as an automatic right, tie it to good conduct, and dismantle the perception of impunity were deferred to a later date.

In light of this table and the analysis conducted, it is clearly observed that Judicial Package No. 7589 is not an "amnesty law" that directly accelerates releases from prisons, but rather a technical procedural reform aimed at shortening trial durations, establishing an equitable balance in the digitizing world of crime, and rationalizing the structural operation of courts.