TUR GVT Criminal, Bankruptcy Law


On Mar. 12, TUR GVT issued Judicial Package on bankruptcy, crime.


  • TUR GVT published Law 7499 on Amendments to the Criminal Procedure Law and Certain Other Laws, also known as the Eight Judicial Package, reviewing many laws.
  • Document dated Mar. 12, 2024, was added on Apr. 1, 2024 due to editorial backfill.
  • Amended Laws
  • Execution and Bankruptcy Law No 2004 of Jun. 9, 1932; Anti-Terrorism Law No 3713 of Apr. 12, 1991; Civil Code No 4721 of Nov. 22, 2001; Penal Code No 5237 of 2004.
  • Code of Criminal Procedure No 5271 of Dec. 4, 2004; Law on Resolution of Applications Made to the European Court of Human Rights by Payment of Compensation No 6384.
  • Personal Data Protection Law No 6698 of Mar. 24, 2016; Enforcement Judge Law No 4675 of May 16, 2001; Enforcement and Implementation of Penal Code Law No 5252.
  • Law on the Execution of Penalties and Security Measures No 5275 of Dec. 13, 2004.
  • Law on the Enforcement and Implementation of the Criminal Procedure No 5320.
  • Misdemeanor Law No 5326 of Mar. 30, 2005; Child Protection Law No 5395 of Jul. 3, 2005; Civil Procedure Law No 6100 of Jan. 2011; Consumer Protection Law No 6502.
  • The Law 7499 also changed the Organized Industrial Zones Law No 4562 of Apr. 12, 2000; Social Insurance and General Health Insurance Law No 5510 of May 31, 2006.
  • The Law Monitoring Center of the Union of Turkish Bar Associations published a track changes comparison chart with the articles' wording, before and after the changes.
  • Bankruptcy Law Changes
  • Addition was made to the starting, ending of time periods; if the period is determined as a week, it ends on the day corresponding to the day it started within the last week.
  • The debtor and creditors who objected during the confirmation hearing may appeal against the approval or rejection decision within two weeks from notification's date.
  • Further appeal against the decision made upon appeal against approval or rejection decision is possible within two weeks from the date of notification of appeal decision.
  • An appeal may be made within two weeks from the date of the notification against the final decisions which are given by the legal chambers of the Regional Court of Justice.
  • And whose amount or value exceeds fifty-eight thousand eight hundred Turkish Liras.
  • Penal Code Changes
  • The amount equivalent to one day of judicial fine is set to be from TL 100 to TL 500.
  • Committing a crime on behalf of an organization without being its member is regulated as a separate crime; that person will also be sentenced to 5-10 years imprisonment.
  • Criminal Procedure Code Changes
  • Persons prohibited from beneficial legal rules against the arrest, detention and the judicial control process can claim all kinds of material, moral damages from the State.
  • Clarification of confiscation rules in case of postponement of verdict's announcement.
  • The provision that the announcement of the verdict will not be postponed if the defendant does not accept, has been abolished; possible appeal against postponement.
  • Appeal's deadline is two weeks from the decision and its motivation's notification date.
  • Data Protection Law Changes
  • Clarification on the exceptions to the prohibition of processing special personal data.
  • The provisions on the transfer of personal data abroad has been changed; a lawsuit can be filed in administrative courts against administrative fines imposed by the Board.
  • Effectiveness
  • Entry into force on Jun. 1, 2024 for art 1, 2 , 3, 9, 12, 13 , 14, 17, 18 , 19, 20 , 21, 33, 34, 35, 36; art 37, paras 1, 2, 3(b), 4, 5, 7, 8, 9, 10, 11; art 5 §2 of Law 5252.
  • The other provisions entered into force on the date of publication, on Mar. 12, 2024.

Regulators TUR GVT
Entity Types CNSM; Corp
Reference OG 32487, 3/12/2024; Law 7499, 3/11/2024; Law 2004; Law 3713; Law 4721; Law 5237; Law 5271; Law 6384; Law 6698; Law 4675; Law 5252; Law 5320; Law 5275; Law 5326; Law 5395; Law 6100; Law 6502; Law 4562; Law 5510
Functions Complaints; Compliance; Financial; Legal; Privacy; Resolution; Risk; Treasury
Countries Turkey
Category
State
Products Commodities; Corporate; Loan
Regions EMEA
Rule Type Final
Rule Date 3/12/2024
Effective Date 6/1/2024
Rule Id 206401
Linked to N/A
Reg. Last Update 3/12/2024
Report Section International

Last substantive update on 04/01/2024