In criminal law, the types and durations of sentences vary depending on many factors such as the nature of the crime, the circumstances of the crime committed, and the criminal history of the defendant. In this article, we will examine in detail whether sentences under 5 years can be served and what path should be followed in this regard according to the Turkish Penal Code.
What is the Penalty Duration and Execution Regime?
According to the Turkish Penal Code, the execution of the sentence after conviction is carried out within the framework of certain rules. Although the penalty periods vary according to the way the crime was committed, sentences between 1 and 5 years are generally among the sentences that must be served by being sent to prison.
However, in the execution of sentences, not only the duration of the sentences but also the personal situation of the convict is important. The Turkish Penal Code allows for various execution regimes in cases where the penalty periods are short.
Execution Regimes Applied for Sentences of 5 Years and Below
The Turkish Penal Code and the Execution Law have introduced different regulations regarding the execution of the sentence. If we look at the execution regimes applied for sentences of 5 years and below:
Compulsory Prison Entry: Sentences of 5 years and below generally require prisoners to be sent to prison. However, the time they will spend in prison may be short for various reasons. This period may be shortened depending on factors such as the occupancy of the prison, the prisoner’s good behavior, and the health problems they experience.
Good Conduct Reductions: Prisoners who show good behavior during their time in prison may shorten a portion of their sentence with a “good conduct reduction”. Good conduct reduction is applied if the prisoner behaves in a disciplined manner during the execution of the sentence. This reduction may vary depending on the nature of the crime and the prisoner’s behavior in prison.
Probation: There is also the possibility of probation for sentences of less than 5 years. Probation covers the supervision of the prisoner for a certain period of time in case of early release from prison. During this period, the prisoner remains free provided that he does not commit a crime. However, this practice may vary depending on the prisoner’s criminal history and the nature of the sentence.
Suspension of the Announcement of the Sentence: For sentences under 5 years, the courts may decide to postpone the announcement of the sentence. In this case, if the prisoner does not commit a crime within a certain period of supervision, he/she will not go to prison and the sentence will not be implemented.
Is it Possible to Stay Out Without Serving the Sentence?
If a person has received a sentence of under 5 years, this does not necessarily mean that he/she will serve his/her sentence. The circumstances under which he/she can stay out without going to prison depend on various conditions. These conditions may be as follows:
Health Status: The health status of the person who will serve the sentence is an important factor in being able to stay out without going to prison. If the prisoner has a health problem that needs to be treated in prison, the execution of the sentence may be postponed by taking this into consideration.
Family Situations: The family situation of the prisoner, especially if he/she has children, may lead to options such as postponement of the sentence or conditional release.
Suspension of the Announcement of the Sentence: This is especially valid for first-time offenders. The criminal court may decide to postpone the announcement of the verdict in the event of a conditional release suitable for the defendant.
Good Conduct Status: Inmates who are disciplined and behave well while serving their sentence may be released from prison early. However, this is directly related to the prisoner’s crime and behavior.
In sentences of 5 years or less, whether the prisoner goes to prison or not depends on many factors regarding the execution of the sentence. Various conditions such as good conduct, probation, and postponement of the announcement of the verdict may affect whether the sentence will be completed or not. Therefore, different decisions may be made in each case. In such cases, it is important to get legal support from a criminal lawyer in order to achieve the most accurate result.
