Criminal Execution Law and Consultancy Services

Criminal Execution Law (or Penitentiary Law) is the critical phase of the criminal justice system that begins once a court judgment becomes final. It regulates the procedures, conditions, and rights related to the fulfillment of prison sentences and security measures. In a modern legal system, the goal of execution is not merely punishment, but the rehabilitation and reintegration of the convict into society. Adherence to human rights and the rule of law must continue even behind prison walls. Our law firm in Adıyaman provides Legal legal support to convicts and their families, ensuring that sentence calculations are accurate, rights are protected, and the path to freedom through parole or probation is navigated legally and effectively. We believe that justice does not end at the prison gate; it is where the most sensitive protection of human dignity begins.

Sentence Calculations and the 'Müddetname' (Time Sheet)

The first and most important document in the execution process is the Müddetname (Time Sheet) prepared by the execution prosecutor. This document calculates the date of entry, the date of conditional release (parole), and the final release date (hakediş). Sentence calculations are highly technical, depending on the type of crime (e.g., organized crime vs. individual crime), the date of the offense, and the specific execution regime applicable (e.g., 1/2, 2/3, or 3/4 rates). We meticulously audit these time sheets to detect errors in 'Aggregation of Sentences' (İçtima) or the deduction of time spent in detention. A single day's error in calculation can lead to an unlawful deprivation of liberty, and we ensure that national and international standards are strictly applied to every second of our clients' sentences.

Conditional Release (Parole) and 'Good Conduct'

Conditional Release is a legal right that allows a convict to serve the final portion of their sentence outside prison, provided they have displayed 'Good Conduct' (İyi Hal). The decision on good conduct is made by the 'Administration and Observation Board' within the prison. We represent convicts in ensuring that their behavioral assessments are fair and objective. If a convict is denied a good conduct report based on subjective or arbitrary reasons, we file immediate objections to the Execution Judgeship (İnfaz Hakimliği). We emphasize that parole is not a 'grace' from the state, but a legal incentive for rehabilitation that must be granted to every deserving convict according to the law.

Probation (Denetimli SerEffectivelik): The Transition to Society

Probation is the final stage of the execution process, allowing convicts to be released from prison a certain period (usually 1 year, but subject to specific legislative changes) before their conditional release date. This period is dedicated to social integration, often requiring the convict to sign in at a local station, attend seminars, or perform community work. We assist clients in preparing their probation applications and managing the process of 'Electronic Monitoring' (Electronic Bracelet/Tagging) where applicable. We guide families through the technical requirements of probation, ensuring that the transition from the prison cell to the family home is smooth and legally compliant.

Prison Types and the Right to Transfer to Open Prisons

Turkish prisons are categorized as 'Closed,' 'High-Security,' and 'Open' institutions. Convicts in Open Prisons enjoy significantly more rights, including the ability to work, use leave (permissions) to visit their families, and benefit from more frequent communication. The transition from a closed to an open prison is subject to strict 'Seniority' and 'Sentence Amount' requirements. we follow up on the 'Transfer Requests' for our clients, ensuring they are moved to open institutions as soon as they are legally eligible. We also handle objections against the decisions of the prison administration that unfairly block these transfers, which are essential for the mental health and social rehabilitation of the convict.

Objections to Disciplinary Penalties

A single disciplinary penalty in prison (such as a visitation ban, communication ban, or solitary confinement) can 'burn' a convict's good conduct status, thereby delaying their transition to an open prison or their eligibility for parole. We provide Defense Counsel during disciplinary investigations and file appeals against disciplinary sanctions before the Execution Judgeship and the Heavy Penal Court. We analyze whether the penalty was proportional to the act and whether the 'Right to Defense' was respected during the internal prison hearing. Protecting a convict’s 'disciplinary record' is the most effective way to ensure their early release.

Postponement of Execution for Health or Family Reasons

Under Article 16 of Law No. 5275, the execution of a prison sentence can be Postponed due to severe illness, disability, or pregnancy. If a convict cannot survive in prison conditions without assistance, we initiate the process for obtaining a report from the 'Forensic Medicine Institute' (Adli Tıp Kurumu) or a full-fledged state hospital. We also handle 'Postponement for Women' following childbirth, ensuring that the bond between mother and child is not severed by the execution of a sentence. In cases of imminent danger to life, we seek urgent 'Stay of Execution' orders from the prosecutors or judgeships, prioritizing human life over the state's power to punish.

Inmate Rights: Healthcare, Communication, and Visitation

Convicts retain all their fundamental rights except for those restricted by the very nature of the prison sentence. This includes the Right to Adequate Healthcare, the right to correspond (letters/e-mails), and the right to regular visitations (closed, open, and 'conjugal visits' where applicable). We represent inmates in filing complaints against 'Service Failures' within the prison, such as the denial of access to a specialist doctor or the illegal censoring of communications. We believe that 'the quality of a nation is reflected in its prisons,' and we act as watchdogs for our clients' human rights throughout their incarceration.

International Prisoner Transfers

For foreign nationals serving sentences in Turkey or Turkish citizens imprisoned abroad, International Transfer is a possibility under bilateral treaties and the Council of Europe Convention. We manage the complex legal communication between the Ministries of Justice and the recipient states. We handle the 'Adaptation Judgment' (Uyarlama) process, where a foreign sentence is translated into the Turkish legal system (or vice versa). Our firm provides the international expertise needed to bring your loved ones home to serve their sentences in their own country, closer to their families and support systems.

Recidivism (Tekerrür) and the 'Repeat Offender' Regime

Committing a crime after a previous conviction has become final triggers the Recidivism (Tekerrür) regime. This results in a stricter execution rate (usually 2/3 instead of 1/2) and the imposition of 'Supervision' after the sentence is completed. We meticulously audit the 'Criminal Record' (Sabıka Kaydı) to ensure that recidivism provisions are not applied incorrectly. If the previous crime occurred outside the statutory 'tekerrür' period, or if the crimes are not technically compatible, we challenge the sentence at the appeal stage to ensure our client benefits from the more favorable general execution regime.

Special Execution Usages: Weekends and Home Detention

For certain short-term prison sentences or specific categories of convicts (e.g., the elderly or those with young children), the law allows for Special Execution Methods. This includes 'Weekend Execution,' 'Night-Only Execution,' or 'Home Detention' (Ev Hapsi). These methods allow the convict to maintain their employment and family ties while serving their legal debt to society. We analyze our clients' eligibility for these 'Socially Responsible' execution models and file the necessary petitions to the courts to minimize the disruptive effect of a prison sentence on their lives.

Why specialized Execution Lawyers are Vital?

Execution law is often neglected by general practitioners, yet it is the field that directly determines the date of freedom. Many convicts serve more time than necessary due to uncorrected Müddetnames or un-appealed disciplinary penalties. Our Adıyaman office provides Proactive Execution Management, monitoring our clients' folders from the day they enter prison until the day they are fully released. We don't just wait for problems to arise; we ensure that every legal advantage is used to its full extent. In the cold mathematics of execution law, we provide the human element of justice and the Legal expertise of freedom.

In summary, Adıyaman Criminal Execution Lawyer service is about ensuring that the state's power to punish does not become an unlimited power to oppress. Whether you are a first-time offender or facing a complex recidivism regime, we provide the technical clarity and determined advocacy you need to navigate the prison system. We are the bridge between the prison cell and the outside world, ensuring that your rights are respected and your journey back to society is as Efficient and fair as the law allows. Your freedom is the target, and the law is our tool.