How Many Years Are Not Served?
In the criminal law system, there are certain periods and rules during the execution of prison sentences given by the courts. In this article, we will focus on which prison sentences are not served, how this is determined and the issues to be explained with examples.
1. What are Non-Serving Sentence Periods?
Non-serving sentence periods refer to the time the convict must spend in prison during the execution of the sentence given by the court. According to the penal code in Turkey, different rules are applied in the execution of prison sentences given for certain crimes.
2. Generally Non-Serving Periods
a. Sentences of 2 Years or Less
Rule: Prison sentences of 2 years or less are generally considered non-serving sentences.
Example: If a person is sentenced to 1 year in prison for a minor fraud, he/she can be released on judicial control without serving time during the execution of this sentence.
b. Fine
Rule: In some cases, when a fine imposed by the court must be converted to imprisonment, this penalty can also be considered a non-custodial penalty.
Example: If a person receives a fine of 500 TL for violating traffic rules and does not pay it, the court may decide to convert this penalty to imprisonment. However, in this case, a short period of time such as 30 days is usually applied.
3. Penal Execution Law
a. Enforcement Law and Non-custodial Periods
The Penal Execution Law regulates how sentence periods are determined under certain conditions. According to this law, sentences of less than 2 years can generally be executed without serving time.
b. Right to Investment
Depending on the conditions of the prison, in some cases, a court decision can be made without serving time for sentences of 2 years or less. This may include being released under probation or judicial control for a certain period of time.
4. Exceptional Cases
a. Recurrence
Rule: In the case of recurrence, that is, if a person who has committed a crime before commits a crime again, in this case, the execution of the sentence and the situation of serving time may differ.
Example: If a person has previously been sentenced to prison and commits a crime again, in this case, the sentence of 1 year can be executed with 6 months of serving time.
b. Nature of the Crime
Rule: Sentences given for some serious crimes may require serving time, even if it is short-term.
Example: If a person is sentenced to 2 years in prison for the crime of sexual assault, it can be expected that this sentence will be served time.
5. Things to Consider in Practice
Court Decisions: Whether or not the prison sentence will be executed without investment is determined by court decisions.
Judicial Control: Sentence periods without investment are usually implemented together with the condition of judicial control.
Legal Consultancy: It is important to get support from a lawyer in criminal cases to get accurate information and manage the processes.
6.
The question of how many years there is no time limit is an important issue in terms of criminal law. While sentences of 2 years or less can generally be served without time off, there are exceptions, such as the nature of the crime and the recurrence of the crime. Getting legal support in this regard is critical for individuals to protect their rights.
İçindekiler