CONDITIONAL RELEASE UNDER THE LAW ON THE EXECUTION OF PENALTIES AND SECURITY MEASURES

1. What is Conditional Release?

In criminal law, the trial phase ends and the execution phase begins with the finalization of the conviction. The length of the prison sentence to be served in a correctional institution, the conditions under which the convict can be transferred to an open correctional institution, whether they can benefit from supervised release, and the date of conditional release are primarily of Law No. 5275 on the Execution of Criminal and Security Measures .

Conditional release, also known as parole, is a legal provision in penal law that allows a convict, after serving a portion of their prison sentence in a correctional institution with good behavior, to serve the remainder of their sentence outside of a correctional institution under certain conditions.

Therefore, conditional release is not a pardon or sentence reduction that abolishes the conviction. The convict's sentence legally remains in effect; only the manner in which the remaining part of the sentence is served changes. The sentence is considered served when the convict complies with the rules during the supervision period determined after conditional release. Article 107, paragraph 14 of Law No. 5275 also explicitly stipulates that the sentence is considered served if the supervision period is completed in accordance with the obligations and with good conduct.

The primary aim of conditional release is to consider not only the punitive nature of the sentence but also the resocialization of the convict. In other words, if a convict demonstrates through their behavior in the correctional institution that they can reintegrate into society, it becomes possible for them to serve the remainder of their sentence within the community.

2. The Basic Condition for Conditional Release: Good Conduct

According to Article 107/1 of Law No. 5275:

"To be eligible for conditional release, the prisoner must have served their sentence in the institution with good conduct."

Therefore, merely having served the legally prescribed period is not sufficient for conditional release. The convict must also be deemed to have good conduct.

The method for determining good conduct is regulated in Article 89 of Law No. 5275. According to this article, convicts are subject to evaluation by the administration and observation board at least every six months during their time in the correctional institution.

This assessment considers factors such as whether the inmate complies with the rules established for the order and security of the correctional institution, whether they use their rights in good faith, whether they fulfill their obligations, their participation in and progress in rehabilitation programs, their readiness for reintegration into society, and whether they pose a risk of recidivism or harm to victims or other individuals.

Therefore, the assessment of good conduct is not solely based on whether or not the convict has received disciplinary punishment. General attitudes and behaviors within the correctional institution, participation in educational and rehabilitation activities, and evaluations regarding the convict's reintegration into society are all taken into consideration.

Indeed, the existence of finalized disciplinary penalties can directly affect conditional release. According to Article 48 of Law No. 5275, conditional release cannot be granted unless all disciplinary penalties have been served and lifted.

3. General Conditional Release Rate in Fixed-Term Imprisonment Sentences

Article 107/2 of Law No. 5275 regulates the general terms of conditional release.

Accordingly, those sentenced to aggravated life imprisonment after serving 30 years, those sentenced to life imprisonment after serving 24 years, and those sentenced to other fixed-term prison sentences, as a rule, half in a correctional institution with good behavior.

Therefore, for a convict sentenced to, for example, 10 years imprisonment for a crime subject to the general execution regime, if the parole ratio is 1/2, the parole period is, as a rule, 5 years.

However, this calculation does not mean that the convict will actually spend five years in prison. This is because provisions for supervised release, deductions for time spent in detention, the date of the crime, the type of crime, recidivism, temporary execution provisions, and other special regulations can alter the actual time spent in a correctional institution.

Therefore, directly calculating the "time to serve" based on the amount of the fine can lead to legally erroneous results.

4. Crimes Where the Conditional Release Rate is 2/3

The legislator has deviated from the general 1/2 ratio, taking into account the nature and severity of certain crimes.

In accordance with Article 107/2 of Law No. 5275;

Crimes of intentional homicide,

Aggravated injury resulting from the consequences, within the scope of Article 87/2-d of the Turkish Penal Code

torture and ill-treatment,

Certain crimes against sexual inviolability specified in the law,

Certain crimes against private life and the confidential sphere of life,

The crime of manufacturing and trafficking narcotic or stimulant substances committed by children,

crimes against state secrets and espionage crimes

The conditional release rate 2/3 . The law also contains special provisions for children and certain organized crime offenses.

For example, a convict sentenced to 12 years in prison and subject to a 2/3 sentence reduction regime generally has a conditional release period of 8 years.

However, here too, special regulations regarding probation, offsetting of sentences, and the date of the crime need to be examined separately.

5. Conditional Release in Organized Crime Cases

Article 107/4 of Law No. 5275 contains a separate provision regarding convictions for establishing or managing an organization for the purpose of committing crimes, or for committing crimes within the scope of the organization's activities.

Accordingly, within this scope;

36 years of those sentenced to aggravated life imprisonment,

30 years of those sentenced to life imprisonment,

Those sentenced to fixed-term imprisonment generally serve 2/3 of their sentence

They must serve their sentence in a correctional facility.

However, if the conditional release rate is more than 2/3 due to another conviction for the relevant crime, the heavier special rate is applied.

6. 3/4 Ratio in Sexual Offences and Drug Trafficking Crimes

Article 108/9 of Law No. 5275 prescribes a harsher sentencing regime for certain crimes.

Accordingly, for adult convicts sentenced to fixed-term imprisonment for crimes under Article 102/2 of the Turkish Penal Code (TCK), sexual assault; Article 103, sexual abuse of a child; Articles 104/2 and 104/3, sexual intercourse with a minor; and Article 188, manufacturing and trafficking of narcotics or stimulants, the conditional release rate is applied as 3/4

For example, an adult convict sentenced to 12 years in prison for drug trafficking generally has a parole period of 9 years.

particularly important here to distinguish between the crime of drug use and the crime of drug trafficking. The execution regime for the crime of purchasing, accepting, or possessing narcotic or stimulant substances for personal use, as defined in Article 191 of the Turkish Penal Code, is not the same as the execution regime for the crime of drug trafficking, as defined in Article 188 of the Turkish Penal Code.

Furthermore, according to Article 108/10 of Law No. 5275, the aforementioned Article 108/9 provision does not apply to children. The special provisions in Article 107 of the Law regarding juvenile convicts must be evaluated separately.

7. Conditional Release in Terrorism Offences

In cases of terrorism offenses, not only Law No. 5275 but Article 17 of the Anti-Terrorism Law No. 3713 must be considered together.

According to Article 17 of the Anti-Terrorism Law, the provisions of Articles 107/4 and 108 of Law No. 5275 apply to those convicted of crimes falling under the scope of the Anti-Terrorism Law; the conditional release rate for fixed-term imprisonment sentences is generally accepted as 3/4

In addition, the Anti-Terrorism Law contains special circumstances that completely prevent conditional release. Therefore, it is not possible to determine the conditional release date for terrorism offenses solely based on the severity of the sentence.

8. Conditional Release for Repeat Offenders

Recidivism is one of the institutions that significantly affects the penal regime.

According to Article 108 of Law No. 5275, in cases of recidivism, two-thirds of is served in a correctional institution with good conduct.

In cases of aggravated life imprisonment, this period is 39 years, and in cases of life imprisonment, it is 33 years. For sentences with multiple fixed terms, the upper limits specified in the law apply. Furthermore, in crimes where the normal conditional release rate is already higher than 2/3, a stricter rate applicable to that crime is applied.

9. Important Changes Made in 2025 for Second-Time Repeat Offenders

One of the most significant changes to conditional release in recent years concerns second-time repeat offenders.

Under the previous regulations, conditional release was not possible for convicts if the provisions regarding recidivism were applied for a second time.

However, Article 108/3 of Law No. 5275 was amended by Article 14 of Law No. 7550, which entered into force on June 4, 2025.

According to the new regulation, conditional release is possible even if the provisions regarding recidivism are applied for the second time. For fixed-term prison sentences, the conditional release rate for repeat offenders is applied as 3/4

Therefore, the information that is sometimes mentioned in practice, "a person who is a repeat offender cannot be conditionally released under any circumstances," is not accurate according to current legislation.

The Supreme Court of Appeals has also begun to apply the new regulation in its decisions dated 2025 and 2026. Indeed, the Supreme Court of Appeals is correcting its previous decisions, which held that a convict could not benefit from conditional release provisions due to being a second-time repeat offender, by taking into account the amendment to Law No. 7550.

10. Conditional Release and Probation Are Not the Same Thing

One of the most commonly confused concepts in practice is conditional release versus probation.

These are different types of correctional facilities.

Conditional release is primarily regulated in Articles 107 and 108 of Law No. 5275, while the execution of the sentence through supervised probation is regulated in Article 105/A.

According to general regulations, upon the request of a well-behaved convict serving time in an open correctional facility or juvenile detention center, with one year or less remaining until their conditional release date, a decision may be made to serve the remainder of their sentence under supervised release until their conditional release date.

Law No. 7550, which came into effect on June 4, 2025, also stipulated that in order to benefit from this execution procedure, the convict have spent at least one-tenth of the required time in a correctional institution . However, due to Article 11 of the Law, this new condition does not apply to crimes committed before the enactment of this regulation.

Therefore, in calculating the sentence, the conditional release date should be determined first, and then it should be further assessed whether the convict meets the conditions for benefiting from supervised release.

11. Who makes the decision on conditional release?

Conditional release is not an automatic administrative process.

According to Article 107/11 of Law No. 5275, the prison administration prepares a reasoned report on the convict. This report is sent to the execution judge in the place where the execution proceedings are carried out.

If the execution judge finds the report satisfactory, he/she will decide on the conditional release of the convict based on the case file. If he/she does not find the assessment stated in the report satisfactory, he/she must state the reason in his/her decision.

An appeal can be filed against the execution judge's decision .

Therefore, a negative assessment of the inmate by the correctional institution does not mean that legal oversight is completely eliminated. Decisions regarding good conduct assessments and conditional release are subject to judicial review before the enforcement judge.

12. Supervision Period After Conditional Release

The sentence of a convict released on conditional parole is not considered to have ended on the day of their release.

According to Article 107/6 of Law No. 5275, the probation period to which the convict will be subjected is, as a rule, equal to the time that must be spent in the correctional institution; however, in the case of fixed-term imprisonment sentences, this period cannot exceed the date of release on merit.

During this period, the execution judge may determine various obligations for the convict.

The probationer may be subject to obligations such as not going to certain places, being under supervision in a specific area, or participating in designated programs. The probation office may also modify these obligations, taking into account the probationer's risk and needs.

13. Revocation of Conditional Release Decision

Conditional release is not an absolute and irrevocable release for the convict.

According to Article 107/12 of Law No. 5275, if a conditionally released convict commits an intentional crime punishable by imprisonment , or persistently fails to comply with the obligations imposed upon them despite warnings from the enforcement judge, the conditional release decision may be revoked.

If conditional release is revoked due to the commission of a new intentional crime, the prisoner may be ordered to serve a sentence in a correctional institution equal to twice the original sentence for each new crime, starting from the date of the subsequent crime and not exceeding the date of earned release.

In cases of revocation due to breach of obligations, a time limit is determined within the boundaries stipulated by law, depending on the nature of the breach.

One of the most important consequences is that once a conditional release decision is revoked, a new conditional release decision cannot be issued for the execution of the same sentence.

Therefore, the supervision period following conditional release is legally extremely important for the convict.

14. Cases Where Conditional Release Cannot Be Applied At All

The law completely prohibits conditional release for certain types of convictions.

For example, according to Article 107/16 of Law No. 5275, conditional release provisions do not apply in cases where a sentence of aggravated life imprisonment is imposed for committing one of the specific crimes listed in the Turkish Penal Code under the sections on crimes against state security, crimes against the constitutional order and its functioning, or crimes against national defense, within the framework of organized activity.

Article 17 of the Anti-Terrorism Law also lists specific circumstances under which conditional release is not possible.

Therefore, it cannot be said that every aggravated life sentence automatically grants the right to conditional release after 30 or 36 years.

15. Why is the History of Crime Important?

In calculating sentencing, it is not sufficient to consider only the date of the conviction or the date it became final. The date of the crimeis extremely important in determining which sentencing regimen should be applied.

Article 7/3 of the Turkish Penal Code No. 5237 excludes provisions regarding the suspension of imprisonment, conditional release, and recidivism from the general rule of "immediate application of execution provisions." Therefore, whether subsequent changes regarding conditional release and recidivism are in favor of the convict should be evaluated separately.

In addition, Law No. 5275 contains temporary provisions adopted in the past for different crime dates.

Therefore, in a professional execution account;

Date of the crime, legal nature of the crime, final sentence given, age, recidivism, presence of multiple convictions, time spent in detention, applicable provisional provisions, probation, and good conduct status

They should be evaluated together.

Conclusion

Conditional release, under Law No. 5275 on the Execution of Criminal and Security Measures, is one of the fundamental institutions of penal execution law that does not require the convict to spend the entire prison sentence in a correctional institution, but rather encourages good conduct and reintegration into society.

As a general rule, the parole rate for fixed-term imprisonment sentences 1/2 ; however, depending on the type of crime and the legal status of the convict, 2/3 or 3/4 may be applied. For aggravated life imprisonment and life imprisonment sentences, special periods based on years are determined in the law.

Particularly in cases of intentional homicide, certain types of aggravated assault, sexual offenses, drug trafficking, organized crime, terrorism, and recidivism, different penalties are applied compared to the general sentencing rates.

The repeal of the regulation that completely prevented the conditional release of repeat offenders for a second time, through Law No. 7550 which came into effect on June 4, 2025, is also an important change in terms of execution law. Today, repeat offenders can also benefit from conditional release if they meet the legal conditions; essentially, the 3/4 ratio is applied for fixed-term prison sentences.

In conclusion, determining a convict's conditional release or parole date is not simply a matter of multiplying the given prison sentence by a certain percentage. The date of the crime, the type of crime, recidivism, time spent in detention, the presence of multiple convictions, provisional execution regulations, supervised release, and good conduct assessments must all be considered together. Therefore, especially in cases involving long prison sentences and multiple convictions, subjecting the sentence calculation and execution to further legal review is of paramount importance.