Master'sOpen Access

Release on probation in Turkish criminal execution law

2024
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Advisor: Dr. Öğr. Üyesi Hakan Gündüz

Abstract (EN)

The increasing number of convicts in Turkey in recent years has led to the necessity to implement release on probation appropriately. Moreover, with the significant increase in the international emphasis on human rights, the reintegration of individuals back into society has introduced a variety of sanctions and innovation options to the agenda. The most prominent of these alternatives is "Release on Probation", which allows convicts in good behavior in penal institutions to serve the remainder of their sentences outside of prison. Release on probation is a complementary practice that allows a convicted person to be released on the condition that they serve part of their prison sentence following the conditions stipulated in the law, with good behavior, and with the decision of the execution judge. The purpose of release on probation is to rehabilitate and reintegrate the convict into society, to protect the convict from adverse prison conditions, to prevent the convict from re-offending, and to ensure the individualization of prison sentences. This allows the convict to be released early by fulfilling the conditions defined in the law, and to serve the remaining sentence outside the penal institution by complying with the forms of supervision specified in the law. If the convict fulfills the probation period in good behavior, the sentence is deemed to be completed; if the convict does not complete the obligations, the decision on release on probation is revoked and certain sanctions are imposed on the convict. Failure to clearly understand the history, qualifications, and legal framework of the concept of release on probation may lead to unjustified deprivation of liberty. Therefore, rehabilitation efforts should be undertaken regarding the misuse and malpractice of probation, and valid and functional decisions should be taken and implemented to reintegrate the convict into society within the period spent in prison. The present study aims to elaborate on "Release on Probation", which is an essential tool as it encourages the convict to perform good behavior and accelerates the rehabilitation process of the convict, and to examine the scope and nature of "Release on Probation" from various perspectives.

Author

Dr. Bilge Burhanettin Gülcü

How to Cite

Bilge Burhanettin Gülcü (Master Thesis). Release on probation in Turkish criminal execution law, 2024, Hasan Kalyoncu University.

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