Suspension of the Sentence Up to 10 Years for Terrorist Offenses
Official title7595 Law on the Strengthening of National Solidarity and Social Integration
Law No. 7595 provides for the suspension of the investigation, prosecution, and execution of sentences of organization members for specific periods and social integration, on condition that the terrorist organization lays down arms and is liquidated.
Details of the Regulation
This statute regulates the process following the confirmation by the National Security Council (MGK) that the PKK/KCK terrorist organization has surrendered its weapons and terminated its existence. Within the scope of the regulation, lawsuits conducted due to terrorist offenses (membership, propaganda, financing, etc.) and the execution of final penalties are suspended for a period of 5 or 10 years, depending on the amount of the penalty. If no new terrorist offense is committed during the suspension period, it is envisaged that the lawsuit will be dismissed or the sentence will be deemed executed.
The most critical exceptions of the statute are intentional killing offenses and grave offenses requiring life/aggravated life imprisonment committed before June 1, 2005. Those who commit these offenses are excluded from the scope of suspension. For the management of the process, a high-level Board, consisting of relevant ministries and the head of intelligence under the chairmanship of the Vice President, will be established, and an Monitoring Commission will also be created within the Grand National Assembly of Turkey (TBMM).
At the implementation stage, it is mandatory to register and surrender weapons and ammunition. Those who wish to benefit from the statute are required to apply within 6 months from the MGK decision. Furthermore, it is provided that public officials fulfilling their duties within the scope of this statute shall not bear legal or criminal liability due to these activities.
Questions You Might Have
- Can terrorists who commit murder benefit from this law and be released?
- No, Articles 3 and 6 of the statute strictly exclude the offense of intentional killing from the scope.
- Is the law currently in force, can it be applied for immediately?
- The law has entered into force, but the implementation process will begin with the publication of the MGK's decision declaring that the organization has laid down its arms in the Official Gazette.
- What happens if the person commits another offense during the suspension period?
- If the person commits a new terrorist offense during the suspension period, the suspension decision is immediately revoked, and they continue to be tried along with their old penalty.
Key Terms
- İnfazın Ertelenmesi
- Postponing the service of a finalized penalty in prison to a future date under certain conditions.
- Müsadere
- Transfer of the ownership of property or proceeds related to or derived from an offense to the state.
- İrat Kaydedilme
- Transfer of property or money to the state treasury as revenue.
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REGAS Commentary
This regulation is a legal roadmap presented by the state in exchange for 'laying down arms' in the fight against terrorism. The most important point for the citizen is that the statute is not a 'general amnesty', but a conditional 'suspension of the sentence and probation' mechanism. In particular, excluding intentional killing offenses aims to protect public conscience. However, the functioning of the process depends entirely on the decision of 'confirmation of laying down arms' to be rendered by the MGK.