Conditional Release and Probation in Turkey: Who Qualifies?

Conditional Release and Probation in Turkey: Who Qualifies?

One of the most frequently asked questions in the law governing the execution of sentences is when and under what conditions a convicted person may complete their sentence outside prison. In practice, the concepts of "conditional release" (şartlı tahliye / koşullu salıverilme) and "probation" (denetimli serbestlik) are often confused with one another. This article outlines, in general terms, the basic structure of both mechanisms under Law No. 5275 on the Execution of Sentences and Security Measures (CGTİK), how they operate, and who may benefit from them.

What Is Conditional Release (Koşullu Salıverilme)?

Conditional release, regulated under Article 107 of the CGTİK, is an execution mechanism that allows a convicted person who has served a certain portion of their sentence in a penal institution with good conduct, and who meets the other conditions required by law, to complete the remainder of the sentence outside the institution, under supervision. The portion of the sentence that must be served before conditional release becomes available can vary depending on the nature of the offense; the law may provide for different or higher ratios and additional conditions for certain categories of offense (for example, organized crime, terrorism-related offenses, or certain offenses against sexual inviolability). For this reason, it is important to have the execution ratio applicable to a specific case confirmed by a lawyer, based on the currently applicable execution legislation.

What Is Probation (Denetimli Serbestlik)?

The probation measure, regulated under Article 105/A of the CGTİK, allows a convicted person to complete the remaining part of their sentence outside prison, under certain conditions and supervisory measures such as electronic monitoring, instead of serving that period in an open penal institution or in the section of a closed institution reserved for this purpose. Unlike conditional release, probation is a separate execution regime that comes into play at a particular stage of the sentence's execution; in many cases, the two mechanisms are applied consecutively — a sentence may first be partly served under probation outside prison, before conditional release brings the sentence's execution to its conditional conclusion.

How Is Good Conduct Assessed?

One of the basic conditions for benefiting from either conditional release or probation is that the convicted person is assessed as having shown "good conduct" during their time in the penal institution. This assessment is carried out by the institution's administration and observation board, based on criteria such as the convicted person's attitude and behavior within the institution, compliance with the institution's rules, and participation in educational and work activities. If the administration and observation board issues an unfavorable opinion, the convicted person may be unable to benefit from conditional release or probation even after having formally served the ratio of the sentence required by law.

How Does the Process Work? Application and the Deciding Authority

Conditional release and probation are not applied automatically. The administration and observation board of the relevant penal institution reviews the convicted person's file, prepares an assessment, and submits it to the execution judgeship (infaz hakimliği). The final decision rests with the execution judgeship. The convicted person or their lawyer may take steps before the execution judgeship to ensure that the necessary documents are submitted and that the execution calculation is made correctly.

Which Categories of Offense May Face Stricter Conditions?

The law may subject certain categories of offense to stricter conditions for benefiting from conditional release and probation, or may restrict these possibilities in certain cases. In particular, organized crime, terrorism-related offenses, certain offenses against sexual inviolability, and other serious offenses specifically listed by law may be subject to different execution ratios or additional conditions. Because such provisions can change over time, the rule applicable to a specific type of offense should be assessed against the currently applicable legislation.

What Should You Keep in Mind?

• The applicable execution ratio and conditions can vary depending on the nature of the offense and the execution legislation in force
• The good-conduct assessment is at the discretion of the administration and observation board
• Failing to comply with the obligations set during probation (electronic monitoring, reporting/signature requirements, residence restrictions, etc.) may lead to the measure being revoked
• For an up-to-date, case-specific execution calculation, support from the execution judgeship and a criminal defense lawyer is recommended

Frequently Asked Questions

Are conditional release and probation the same thing?

No. Probation is an execution regime that allows part of the sentence to be served outside prison under supervisory measures, while conditional release is the conditional termination of the remaining sentence once the required time has been served in the institution and the good-conduct requirement has been met.

Can every convicted person benefit from conditional release?

This is the general rule, but the law may impose additional conditions or different ratios for certain categories of offense, and a favorable good-conduct assessment is also required.

Is the execution ratio the same for every offense?

No. The execution ratio can vary depending on the nature of the offense and the execution legislation in force; the exact ratio must be calculated on a case-specific basis under the current legislation.

Who decides on a probation measure?

The process is based on the assessment of the penal institution's administration and observation board and the decision of the execution judgeship.

Source: Law No. 5275 on the Execution of Sentences and Security Measures, Articles 105/A and 107.

This content has been prepared for general informational purposes only and does not constitute legal advice. Because execution law changes frequently, we recommend consulting a criminal defense lawyer to confirm the current execution ratio and conditions applicable to your specific case.