11th Judicial Reform Package

11th JUDICIAL REFORM PACKAGE

(Draft Law on Amendments to the Turkish Penal Code and Certain Other Laws)

The Draft Law on Amendments to the Turkish Penal Code and Certain Other Laws, publicly referred to as the “11th Judicial Reform Package,” was submitted to the Presidency of the Turkish Grand National Assembly on 27.11.2025.

This bulletin has been prepared to summarize the main proposed regulations under the Draft Law, particularly in the fields of criminal law, criminal procedure, and electronic communications. It should be noted that the draft has not yet been enacted into law and may be subject to amendments during the commission and General Assembly stages.

SIGNIFICANT AMENDMENTS PROPOSED IN THE TURKISH PENAL CODE NO. 5237

Offenders with partial mental illness

Within the scope of the proposed amendments, the provisions of the Turkish Penal Code regarding “Mental illness” are being restructured.

Accordingly, for offenders with partial mental illness whose criminal responsibility is not entirely eliminated:

• Both the execution of the imposed sentence, and
• The application of security measures specific to mentally ill offenders

are intended to be applied together.

It is explicitly regulated that security measures specific to mentally ill offenders shall also be imposed on such persons. The minimum periods to be spent in healthcare institutions for treatment and protection purposes are as follows:

• At least 1 year for offenses requiring aggravated life imprisonment or life imprisonment,
• At least 6 months for offenses punishable by imprisonment with an upper limit exceeding 10 years.

Insult offense: advance payment and mediation

Another matter proposed to be amended under the Turkish Penal Code concerns the offense of insult. In line with a decision of the Constitutional Court, significant changes are envisaged with respect to the offense of insult.

In light of the proposed amendments, insult offenses committed through audio, written, or visual communication directed at the victim are brought within the scope of “advance payment.” This change also covers insults committed via social media.

However, the offense of insult committed against a public official due to the performance of their duty is planned to be excluded from the scope of advance payment; in such cases, the possibility of initiating public prosecution under general provisions will continue.

Another proposed regulation regarding the offense of insult has been introduced within the scope of the Criminal Procedure Code. Accordingly, the complaint-based offense of insult is removed from the scope of mediation.

Increase in penalties for negligent injury

With the Draft Law, it is aimed to increase the lower and upper limits of imprisonment penalties for the offense of negligent injury. Accordingly:

• For simple negligent injury, the currently applicable imprisonment penalty of 3 months to 1 year is proposed to be increased to 4 months to 2 years,
• For negligent injury causing injury to more than one person, the existing penalty range of 6 months to 3 years is proposed to be increased to 9 months to 5 years of imprisonment.

Motor vehicles in the offense of breach of trust

The Draft Law proposes that cases where the subject matter of the offense of “breach of trust” is a motor vehicle be regulated as a qualified form of the offense. Accordingly, if the subject of the offense is a motor land, sea, or air vehicle, the penalty to be imposed shall be increased by one fold. This regulation is particularly important in combating abuses carried out through rental vehicles in practice.

Deliberately endangering public safety

In parallel with the proposed amendments, penalties for the offense of “deliberately endangering public safety” are also increased and its scope expanded. Accordingly, the imprisonment penalties for a person who, in a manner dangerous to the life, health, or property of others, (i) causes a fire, (ii) causes the collapse of a building, landslide, avalanche, flood, or overflow, or (iii) fires a weapon or uses explosive material, are increased, with the lower limit raised from 6 months to 1 year and the upper limit from 3 years to 5 years.

Furthermore, if the offense is committed using weapons capable of firing sound and gas cartridges, commonly referred to as “blank-firing” guns, an imprisonment penalty of 6 months to 3 years is envisaged. If the offense is committed in places where people are collectively present (such as weddings, matches, or mass events), the penalty shall be increased by half. In addition, it is explicitly regulated in the Criminal Procedure Code that this qualified form shall be excluded from the scope of the summary procedure.

Establishing an organization for the purpose of committing a crime and the use of children as instruments

For the offense of establishing an organization for the purpose of committing a crime, it is proposed both to increase the basic penalty amounts and to regulate the use of children as instruments as an aggravating circumstance. Accordingly, the lower limit of imprisonment for those who establish or manage an organization is increased from 4 years to 5 years, and the upper limit from 8 years to 10 years; for organization members, the upper limit of imprisonment is increased from 4 years to 5 years. If the organization is armed, the increase rate to be applied is clarified as “by half,” replacing the current wording of “from one quarter to one half.” Moreover, if children are used as instruments in crimes committed within the scope of the organization’s activities, the penalty imposed on organization leaders shall be increased by from one half up to one fold.

Obstructing, hijacking, or detaining the movement of transportation vehicles

The scope of the offense related to transportation vehicles is significantly expanded. While the current regulation only criminalizes the “hijacking or detaining of transportation vehicles,” the draft explicitly includes “obstructing the movement of transportation vehicles” within the scope of the offense. Accordingly, with respect to land transportation vehicles, a person who unlawfully obstructs the movement of a vehicle or stops a moving vehicle shall be punished with imprisonment from 1 year to 3 years, while a person who takes the vehicle to a place other than its intended destination shall be punished with imprisonment from 2 years to 5 years. If the subject of the offense is a sea or railway transportation vehicle, the penalty shall be 3 to 7 years; for air transportation vehicles, imprisonment from 5 to 10 years for obstructing movement and from 7 to 12 years for taking the vehicle elsewhere shall apply. Additionally, if another offense is committed while committing this offense, a separate penalty shall also be imposed for that offense.

AMENDMENTS PROPOSED IN THE CRIMINAL PROCEDURE CODE NO. 5271

Regulation regarding accounts containing benefits obtained through cybercrimes

A new regulation is introduced into the Criminal Procedure Code regarding property crimes committed through information systems. Accordingly:

• In cases where there is reasonable suspicion that the offenses of qualified theft, qualified fraud, or misuse of bank or credit cards regulated under the Turkish Penal Code have been committed:
  • Any account used in the commission of the offense at banks, payment service providers, or crypto asset service providers, or through them, may be suspended for up to 48 hours by decision of the relevant institution.
• The suspension and account transactions shall be immediately reported to the Chief Public Prosecutor’s Office; the account holder may apply to the prosecutor for the lifting of the measure. The public prosecutor shall decide on the application within 24 hours.
• If the benefit subject to the offense is transferred to another financial institution, this shall be promptly notified to the relevant financial institution and the account there may also be suspended by the same procedure.
• The benefit contained in the suspended account may be seized by a judge’s decision or, in cases of urgency, by the written order of the public prosecutor. If the judge does not decide on the seizure within 48 hours following submission for approval within 24 hours, the seizure measure shall automatically be lifted.

Insult offense, advance payment, and mediation

The procedural dimension of the amendments regarding the offense of insult summarized above in Section 1.2 can be briefly set out as follows:

In line with the Constitutional Court’s decision, the complaint-based offense of insult is removed from the scope of mediation. In cases where conflicts arise between advance payment and mediation, if both an offense subject to advance payment and an offense subject to mediation are committed against the same victim, mediation provisions shall apply with respect to the offense subject to mediation.

Furthermore, insult files in which mediation has already been achieved cannot later be brought within the scope of advance payment solely due to this new regulation; such files shall continue to be concluded under the existing mediation provisions.

Deliberately endangering public safety and the summary procedure

The offense of “deliberately endangering public safety,” which is regulated as a qualified form in the Turkish Penal Code and committed in places where people are collectively present, is excluded from the scope of the summary procedure.

AMENDMENTS PROPOSED IN THE ELECTRONIC COMMUNICATIONS LAW NO. 5809

Within the scope of the Draft Law, significant regulations are introduced regarding the use of mobile lines in crimes and the updating of subscription records.

Disconnection of mobile lines used in crimes

In cases where it is determined that a mobile communication line has been used in the commission of the offenses of qualified theft, fraud, or misuse of bank or credit cards regulated under the Turkish Penal Code, the connection of the mobile line shall be disconnected by the operator upon a judge’s decision or, in cases of urgency, upon the written order of the public prosecutor within the scope of the ongoing investigation. A prosecutor’s order issued without a judge’s decision shall be submitted for judicial approval within 24 hours; if the judge does not decide within 48 hours from the disconnection of the line, the measure shall automatically be lifted.

An administrative fine ranging from TRY 50,000 to TRY 300,000 may be imposed on operators who fail to disconnect the line despite such decision or order.

Updating subscription records and foreign subscribers

A new provision titled “Updating of subscription records” is added to the Electronic Communications Law, making it mandatory to update mobile line subscription records, particularly for foreign natural persons. From the date the provision enters into force, foreign subscribers will be required to apply to the operator to update their records within 6 months, and the Information and Communication Technologies Authority (ICTA) may extend this period by an additional 6 months. The mobile lines of foreign subscribers who fail to apply within the specified period or whose identity cannot be verified shall be disconnected within one month following the expiration of the granted period.

In addition, similar obligations are envisaged for persons who have more mobile lines than the number to be determined by the ICTA, requiring them to close or transfer excess lines. Administrative fines per line may be imposed on those who fail to fulfill these obligations and on operators who do not carry out the necessary procedures in this context.

CONCLUSION AND EVALUATION

In summary, as submitted to the Turkish Grand National Assembly, the 11th Judicial Reform Package constitutes a comprehensive set of amendments focusing particularly on criminal law, criminal procedure, and electronic communications. In the field of criminal law, provisions concerning offenders with partial mental illness, negligent injury, breach of trust, deliberately endangering public safety, organization crimes, obstruction/hijacking of transportation vehicles, as well as the offense of insult and the balance between advance payment and mediation stand out. In the field of criminal procedure, regulations regarding the suspension of accounts containing benefits obtained through cybercrimes and the seizure of such benefits, the scope of summary procedure and mediation, and amendments concerning the appellate courts’ reversal authority attract attention. In the field of electronic communications, procedures for disconnecting mobile lines used in crimes, updating subscription records—particularly obligations concerning foreign subscribers—and limitations on the number of lines are regulated.

It should be borne in mind that the Draft Law has not yet been enacted and that amendments may be made during the deliberations in the General Assembly of the Turkish Grand National Assembly. Our office closely follows the legislative process and will share detailed analyses and application notes within the framework of the updated legislation following the publication of the law in the Official Gazette.