The Anti-Terror Law And The Criminal Procedure Code And The Law Amending Certain Laws

Original Language Title: TERÖRLE MÜCADELE KANUNU VE CEZA MUHAKEMESİ KANUNU İLE BAZI KANUNLARDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6526.html

Law Nr. 6526 Date: 21/02/2014 article 1-12/4/1991 and Act No. 3713 Anti-terrorism Act included the following provisional article.
"TRANSITIONAL ARTICLE 14-the date this law comes into force, 2/7/2012 temporary Law No. 6352 dated 2nd item in accordance with the ongoing task of the criminal courts of this law repealed appointed in accordance with article 10 of the law on the fight against terrorism, Uribe has been removed criminal courts.
Removed this criminal who served in the courts of the President and with the members of the anti-terror law judge appointed in the investigation of crimes and the scope of the Republican prosecutors, judges and prosecutors Higher Board, in accordance with the fifth paragraph of the continuation within ten days from the completion of the overthrow are assigned on a mission to see appropriate considering.
This law repealed the anti-terrorism law of the 10th Republican appointed in accordance with article take investigation files, the date this law comes into force, are handed over to the competent public prosecutor.
Article 2 of the law No. 6352 temporary duties in accordance with the ongoing heavy penal courts and repealed by this law the anti-terrorism Act, appointed in accordance with article 10th high criminal courts pending files, the phases where they are located on the date this law comes into force continue to be prosecuted from the officials and officers are handed over to the courts. The Supreme Court ruled on whether these courts Supreme Court Republican Başsavcılığında or apartments to continue the examination of files.
Will be held in accordance with the third and fourth paragraphs speed operations, this law removed the criminal courts appointed judges with Republican prosecutors by the date this law comes into force shall be concluded within fifteen days. The delay, until the transfer of the files sonuçlandırılıncaya in attitude, the transferred files protection measures as these courts to decide the place where honor and of jurisdiction. In addition, in accordance with this Law is not yet removed on grounds of a non-criminal provisions and their reasons, the date this law comes into force at the latest within fifteen days. After the acquisition, which are located in the Court files that have been removed from archives and relics with other documents and documents will be determined by the Board of judges and Prosecutors are handed over to the Court or courts and subsequent process and demands that the courts are fulfilled, or.
6 of the law of criminal procedure in compliance with the first paragraph of the article assigned according to 250 criminal courts with the fight against terrorism, according to the first paragraph of article 10 of the law on appointed criminal courts of cited references are criminal courts; This made references to members of the courts judges and prosecutors be deemed to have been made by the High Criminal Court in Ankara Heavy set. 6 of the law on criminal procedure legislation subsection of article 250 offences within the scope of the fight against terrorism, with the fourth paragraph of article 10 of the law on the scope of references to crime, the Turkish Criminal Code field;
a drug that is processed within the framework of the activity and stimulus) Organization, manufacture of and trade in value of the assets laundering crime caused by a crime or crimes, b) was established for the purpose of providing Unfair economic interests within the framework of an organisation's activities by applying algebra and threatening crimes, c) the second book the fourth Part four, five, six and seventh section defined offences (305, 318, 319, 323, 324, 325 and article 332) , be deemed to have been made.
This law repealed the anti-terrorism law of the 10th amendment in relation to crimes within the scope of this article as of the effective date of the opened cases, carried by the defendant public official adjective for an investigation into the due permission should stand or fall with a stake or decision cannot be decided. "
Article 2-26/9/2004 and the tribunals of first instance and of the Judiciary Act No. 5235 Judicial District Courthouse duties and powers law on Organization of the courts, article 12 has been changed as follows.
"Article 12-applicable law also made the charge without prejudice to hâller, Turkish Criminal Law contained in the looting (m. 148), irtikâp (250/1 and 2), falsifying official documents (204/2), aggravated fraud (m. 158), fraudulent bankruptcy (161) Turkish Criminal Code of crimes, the second book in the fourth of the four, five, six and seventh section defined offences (318, 319, 324, 325 and article 332) and 12/4/1991 and Act No. 3713 Anti-terrorism Act offences and hence the scope of lawsuits aggravated life imprisonment, life imprisonment and more than ten years in prison for crimes that require the litigation and to take care of criminal courts. The Constitutional Court and the Supreme Court ruled on the provisions relating to persons when he will judge, military tribunal of provisions relating to the prosecution of specific provisions for children with reserved. "
Article 3-26/9/2004 and law No. 5237 article 135 of the Turkish Criminal Law "in the first paragraph the phrase" six months "has been amended in the form of a year".
Article 4-the first paragraph of article 136 of the Act No. 5237 "in over a year," the phrase "two years".
Article 5-the first paragraph of article 138 of the law No. 5237 "in six months to one year in prison" phrase "in the form of imprisonment for up to two years from one year" was added the following paragraph to the article and modified.
"(2) the issue of crime, according to the provisions of the criminal procedure code should be elimination or no data will be given punishment in a floor be increased."
Article 6-4/12/2004 dated and 5271 numbered criminal procedure law of the second paragraph of article 91 "in the phrase" the circumstantial evidence "that could have altered committed committed has been replaced in the form of concrete evidence indicating the suspicion".
Article 7-94 of the law numbered 5271 has been changed as follows.
"Article 94 (1) the arrest warrant issued by a Judge or court upon captured in investigation or prosecution, not later than twenty-four hours shall be brought before the competent judge or in the Court.
(2) the person no later than twenty-four hours Caught in front of the competent judge or court cannot be captured in the same period of time is not available in the courthouse, where the nearest courthouse Board use of voice and video communication system through the competent judge or court is made or that person's query expression. "
Article 8-the first paragraph of article 100 of the law numbered 5271 "in the phrase" concrete evidence "of cases" have been changed.
Article 9-the first paragraph of article 116 of the law numbered 5271 "in the phrase" reasonable "strong" based on concrete evidence.
Article 10-the first paragraph of article 128 of the law numbered 5271 "in proof" to get their way "after concrete evidence-driven" and "Elkonulabilir." to come "after the phrase" in the same paragraph the following sentence inserted phrases; the second sub paragraph (a) of subsection (10) was repealed, and ninth sub clause has been changed as follows.
"The decision of forfeiture under this article according to the interest to banking regulation and supervision agency, capital markets Board, the financial crimes investigation Board, Treasury and public oversight, accounting and auditing standards Department, crime report highlights the resulting value. This report is prepared in three months at the latest. Fires when mandatory special reasons this time can be extended another two months on demand. "
"(9) This article had allocated according to the Assize to unanimously decide. On appeal this decision and voted for the measure. "
Article 11-134 law numbered 5271 of article in the first paragraph after the phrase "the investigation" coming "concrete evidence the presence of a strong suspicion, based on reason, and" phrase and wants to play "in the fourth paragraph, this phrase has been replaced in the form of" third paragraph ".

Article 12-the first paragraph of article 135 of the law numbered 5271 the following modified; After the first paragraph to the article to come the following paragraph and paragraph numbers according to this Institute with third parties; the current third paragraph of the "three months", "one time" and "the judge for not more than a month along the times ' long, respectively," two months "," Moon "and" the Court in addition to the above period and each time not more than a month and has a total of not more than three months in the form of "modified; item is located in the current fourth paragraph "three months" and "once" phrases "in the form of a two month" and "month" has been modified; the existing sixth paragraph (a) of subsection (5) after the number attributable to come "6. Grand larceny (item 142) and looting (articles 148, 149), "he added, other sub sub dykes according to third parties was coerced, the current (8) was repealed, and the lower number I present sixth paragraph (a) of subsection (9) is located in number", paragraph 3 the phrase from the article text.
"(1) an investigation and investigation, A crime hence criminal infiltrations of strong suspicion, based on concrete evidence reasons and no other way to obtain evidence imkânının is not found, the High Criminal Court or with the approval of the delay in the Republican Attorney's attitude is suspicious or can be detected, the defendant can relax by telecommunication communication can be to the record and signal information. The public prosecutor decides on the approval of the Court immediately, and the Court's decision no later than twenty-four hours. In the event of a decision to the contrary by the Court after stuffing or measure will be removed immediately by the public prosecutor. The measure to be taken in accordance with this paragraph shall unanimously decide Assize. On appeal this decision and voted for the measure. "
"(2) a request pursuant to this article about measure decision presents to be given to the owner and if known the line or communication tool shows the document or report the user is added."
Article 13-the first paragraph of article 139 of the law numbered 5271 the following sixth paragraph is modified and the following sentence has been added.
"(1) the investigation regarding the crime subject of strong suspicion, based on reasons of concrete evidence and other circumstances in the event of the inability to obtain evidence, public officials can be assigned as undercover investigators. Will be held in accordance with this article to Assize appointed unanimously. On appeal this decision and voted for the measure. "
"Non-personal information is destroyed immediately linked to Blame."
Article 14-140-th article of the law numbered 5271 in the first paragraph after the phrase "in respect of" almost "based on concrete evidence" phrase has been added; the same paragraph (a) of subsection (2) attributable to come after "3. Grand larceny (item 142) and looting (articles 148, 149), "he added, other sub sub dykes according to third parties was coerced, the current (5) was repealed, the current sub (6) located in number", paragraph 3 the phrase was removed from the article text "; the second and third clause has been changed as follows.
"(2) technical tools to watch with high criminal court by unanimous decision. On appeal this decision and voted for the measure.
(3) the decision of the Technical tools tracing can be given for a period of up to three weeks. This period can be extended for another week if needed. However, within the framework of the Organization's activities in relation to crimes committed in necessary, in addition to the above period the Court each time not more than one week and not more than four may decide to extend to the week. "
Article 15-5271 following paragraph has been added to the article in article l61.
"(8) the Turkish Criminal Code of 302, 309, 311, 312, 313, 314, 315 and 316 organized crimes in the article as, in the line of duty or even rendered because of Republican take directly from the investigation. 1/11/1983 and the Intelligence Services and the National Intelligence Agency no. 2937 of article 26 provision of article reserved. "
Article 16-the fourth paragraph of article 169 of the law numbered 5271 "in time" the phrase "date, start and end time the following paragraph has been added to the item" form modified and.
"(7) indicates that the Turkish Criminal Law second book Fourth of the four, five, six and seventh section defined offences (318, 319, 324, 325 and except article 332) with 12/4/1991 and Act No. 3713 Anti-terrorism Act fall within the scope of the investigation and prosecution, held by law enforcement officials about the transcripts, identities instead of just the ID numbers. Law enforcement officials should be referenced to attitude in the invitation or call issued paper, law enforcement agencies shall be communicated to the address of the workplace. These belong to the expression and the trial record as business addresses in address. "
Article 17-6/1/1982 and article 27 of the law on the procedure of administrative procedure no. 2577 (2) second sentence of the paragraph was added the following sentence to come after.
"However, public officials as the assignment, assignment, change the title of the task and assign the temporary or permanent administrative proceedings for the running, not of the administrative process will be through the influence of uygulanmakla."
Article 18-article 28 of the law numbered 2577 (1) added the following sentences and numbered paragraph (4) of clause has been changed as follows.
"When the assignment about public officials, impeachment, originally to end the task, or the task assignment, relocation, and titles by proxy change about the operations relating to the execution of a given as a cancellation and the need of a court order; the staff of the case in the absence of this staff, blank be empty if it is in the same institution vested interests monthly by another appropriate staff assigned to the degree. Among the new staff being assigned to the former staff and in terms of the financial rights if there is a difference, that difference is dated 7/14/1965 and the civil servants Law No. 657 91 held in the second paragraph of the article within the framework of the principles and procedures. "
"4. the duration of public officials in court in the event of any failure to satisfy a claim for compensation can be opened against the administration."
Article 19-13/11/1996 and Act No. 4208 Karaparanın Laundering Act No. 2313 Narcotics Substances, the Suppression of Murakebesi About the civil servants Law No. 657, and Law No. 178 About Organization and duties of the Ministry of finance Decree Amending the first paragraph of article 11 of the law "in State Security Court" was removed from the article text, the following provisions are repealed: a.) 24/2/1983 and law No. 2802 judges and prosecutors of article 93/A item b) 12/4/1991 and 3713 Anti-terror Act No. 10th item c) 4/12/2004 dated and 5271 numbered criminal procedure law of the second, third and fourth article 153 paragraph d) 2/7/2012 Enabling the judicial Services no. 6352 dated in order amendments to some laws press release About the postponement of penalties For Crimes Committed by means of a lawsuit and a temporary fourth paragraph of article 2 of the law article 20-this law comes into force the date of promulgation.
Article 21-the Council of Ministers law provisions.