MOD-05 · SENTENCE EXECUTION

Sentence Execution Calculation

Sentence calculation sheet, conditional release, probation and open prison calculations under Law No. 5275 on the Execution of Penalties and Security Measures. Sentence length, credit for time served in detention and current rates.

4 sub-modules Basis: Law No. 5275 All post-1999 offenses

> SUB-MODULES

Sentence execution calculation subtopics

Sentence calculation sheet, probation, conditional release and open prison. Each on a separate page, with current legislation and Court of Cassation criteria.

SPK-05-01

Sentence Calculation Sheet Calculation

Preparation of the sentence length, credit for time served in detention, and conditional release and probation dates as a sentence calculation sheet under Law No. 5275.

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SPK-05-02

Probation

Serving outside prison the part, up to 1 year, of the period until the conditional release date, under Law No. 5275, Art. 105/A.

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SPK-05-03

Conditional Release

The convict remaining under supervision in the community after 3/4 or 2/3 of the sentence has been executed, under Law No. 5275, Art. 107.

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SPK-05-04

Open Prison

Transfer of convicts of good conduct from closed prison to open prison under Law No. 5275, Art. 14; periods and conditions.

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> OVERVIEW

What is sentence execution calculation?

Sentence execution calculation is a legal procedure that determines, under Law No. 5275, when the convict's sentence began and the conditional release and probation dates. An incorrect calculation can lead to the convict wrongfully remaining in prison or being released early.

Sentence execution calculation is the process of preparing a sentence calculation sheet, starting from the sentence length in the final conviction and taking into account the execution regime applicable to the offense date, credit for time served in detention, the conditional release rate and the probation period.

Legal Basis

Law No. 5275 on the Execution of Penalties and Security Measures, Turkish Penal Code No. 5237, Code of Criminal Procedure No. 5271 and relevant Court of Cassation case law.

> FREQUENTLY ASKED QUESTIONS

FAQ on sentence execution calculation

How is sentence execution calculated?

Sentence execution is calculated taking into account the convict's sentence length, the offense date, the period of detention and the relevant articles of Law No. 5275. The sentence calculation sheet and the conditional release and probation dates are calculated.

What is the conditional release rate?

Under Law No. 5275, Art. 107, as a rule, conditional release is possible once 3/4 of the sentence has been executed. For terrorism offenses and certain special offenses, this rate is applied as 2/3.

How long is the probation period?

Under Law No. 5275, Art. 105/A, as a rule, it is 1 year. This period means that the time until the conditional release date is spent on probation.

Is the period of detention deducted from the sentence execution?

Yes. The time the convict spent in detention is credited against the sentence length under Law No. 5275, Art. 107.

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