Execution Regime in Drug Cases: Law No. 5275

Execution of sentences related to drug crimes is carried out within the framework of the Law No. 5275 on the Execution of Penal and Security Measures (CGTİHK). These crimes are subject to a different execution regime than some other crimes.

General Conditional Release Rule

• General rate for term prison sentences: conditional release after execution of 1/2 of the sentence.
• For repeaters: 2/3.
• For certain serious crimes (terrorism, organized crime, child sexual abuse): different rates.

Special Regulation on Drug Crimes

There have been periods when regulations were regulated from time to time and generally the 2/3 rate was applied for drug production/trade. According to current legislation, the conditional release rate is determined according to the state of the law at the date of the file.

Probation (After Open Prison)

A convict who has served a certain part of his sentence may be transferred to an open prison regime before conditional release and then to a supervised release regime. This process:

• Depending on the total penalty amount, the probation period is up to 3 years.
• Electronic clamp or periodic notification.
• Reconstruction of social life with work permit.
• Obligation of periodic testing in drug cases

Effective Repentance and Execution

In cases where effective remorse (TCK Article 192) is applied at the trial stage, since part of the sentence is reduced from the beginning, the execution period is naturally shortened.

Discharge with Good Conduct and Conditions

• Good behavior, leave and work records in prison have a positive impact on the length of execution.
• Faulty calculations can be corrected through objections to the enforcement judgeship.
• Suspension of execution in case of terminal illness or severe disability (CGTİHK art. 16/A).

Supreme Court 10th CD — Principle

10. CD and execution judgeships ensure that the conditional release rate is applied in accordance with the law on the date of the act, and that adverse changes introduced later are not applied (favorable law principle); It seeks to take into account the discounts made due to effective regret.

Duty of the Defender