As is known, the Law No. 5275 on the Execution of Criminal and Security Measures (3) entered into force on 1 June 2005. The special forms of execution of short-term imprisonment in Article 8 of Law (4) on the Execution of Penalties No. 647 are regulated in Article 110 of Law no. Even though the Law No. 647 on the Execution of Penalties has been repealed, in this study both laws will be dealt with together and separate and similar aspects will be put forward. When we examine both laws in terms of special execution procedures, it is possible to state that there are no major differences.
We would like to point out that the decision-making authority for special execution procedures rests with the court that issued the verdict, or, if the convicted elsewhere, the same court of that place. However, the court cannot decide that the official penalty should be imposed according to the special execution procedure. If the convict or his representative requests this, the courts may decide.
In addition, the CIK numbered 647 had 60 days and 4 months foreseen to decide according to the special execution procedure. In the CGİK (Law no. 5275), the execution of prison sentences of up to 6 months and even up to 3 years may be subject to special execution procedures. Given the prison conditions and the large number of convicts in prison, the conviction of a convicted prisoner to be executed outside the prison or to be executed only on weekends and nights is a right at the discretion of the court. The scope of this right, which has been extended by CGİK no. 5275, can be stated as follows:
1) WEEKEND EXECUTION:
a) Prerequisite – Amount of imprisonment:
First of all, it should be noted that the execution of the sentence given under Article 110, paragraph 1 of the CGIK, must be a prison sentence of 6 months or less for the execution of the sentence at the weekend.
b) Jurisdiction:
Pursuant to Article 110 of the CGIK, the competent court is the court that renders the judgment. If the convict has been transferred to another location and the execution of his sentence is being carried out at that place, the same court of that place may make this decision upon the request of the convict or the defendant.
It should be noted here, but these decisions are made upon request. When esi decisionable verilebilir is included in the text of the article, it will be understood that the decision is left to the discretion of the judge.
c) Days of execution:
According to paragraph 1 of Article 110 of CGIK; the prisoner will enter the prison every week on Friday at 19.00 and will leave the prison at 19.00 on Sunday. 52 / 1a-3 of the Regulation on the Management of Penitentiary Institutions and the Execution of Criminal and Security Measures. Article 5 of these convicts shall be executed in a separate place from the other convicts (5).
In the weekend execution system, it should be noted that qualities such as being a man or a woman, being under or over a certain age have no effect on the execution procedure. What is important here is the execution of the sentence at the weekend without any age and gender restrictions.
Pursuant to CIK No. 647, in order to benefit from the weekend execution, the sentenced prison sentence had to be less than 60 days. Otherwise, weekend executions could not be utilized6. In CGIK, this period is determined as 6 months.
2) NIGHTS EXECUTION:
a) Prerequisite – Amount of imprisonment:
The amount of the sentence imposed must be a prison sentence of 6 months or less, as is the case at the weekend.
b) Jurisdiction:
According to paragraph 1 of Article 110 of CGIK; the court giving the verdict is authorized, and if the convict is in another place, the same court is authorized.
c) Days of execution:
According to paragraph 1 of Article 110 of CGIK; the prisoner shall enter the prison at 7 pm each day and shall leave the prison at 7 am the following day. “Every day alan in the text of the article means that the execution will take place on all days of the week. 52 / 1a-3 of the Execution Regulation. The sentence of these convicts is executed in a separate place from the other convicts as in the weekend. At night, it will be counted as 1 day every night (7).
It should be noted that in the execution system at night, the characteristics of the convict being male or female and being under or over a certain age have no effect on the execution procedure. What is important here is the execution of the sentence at night without any age and gender restrictions.
While CIK No. 647 was in force, the sentence sentenced in order to benefit from the execution regime at night should not be more than 4 months. This period was increased to 6 months with CGİK.
3) HOUSING IN HOUSING:
Article 110 of the CGIK shows that the prison sentence imposed on three separate groups of persons may be imposed on the property. These three groups of people should be stated as follows. The first of them was executed in the housing for women and convicts who were 65 years old, the second was for the persons who were 70 years old and the residence for the convicts who were 75 years old.