What is Probation?

In Turkey's penal system, "probation"is one of the most frequently discussed institutions, both for allowing convicts to return to prison earlier and for their reintegration into society. Especially Decree Law No. 671 of 2016and then Law No. 7242 of 2020 (the penal reform package) , questions such as "Is probation for 1 year, 2 years, or 3 years?", "Which crimes does it not apply to?", and "What are the differences before and after 2020?" have become quite confusing for citizens.

In this article;

The legal basis for supervised release is...
In what situations is it applied in the current system?,
In which crimes and in which situations is it not applied?,
How it was implemented before 2020 (especially during the period of Decree Law No. 671),

We will explain it in detail but in simple language.

1. What is Probation? Legal Basis and Main Purpose

1.1. Definition – Law No. 5275, Article 105/A

Probation is regulated in Article 105/A of Law No. 5275 on the Execution of Criminal and Security Measures . In short, it is a penal institution that allows convicts who have a certain period remaining until their conditional release and are deemed to have good behavior to serve the remainder of their sentences outside of prison, under supervision and obligations

In this system;

The convict continues to serve his sentence.
However, the execution of the sentence continues within the community, under the conditions and obligations determined by the probation directorate
The individual leaves prison conditions but is not completely "free"; they must abide by certain rules.

The Constitutional Court has also clearly emphasized that supervised release is part of the execution of the sentence and does not mean "leaving the convict unsupervised in society.".

1.2. Objectives of Probation

The main objectives of the probation system can be summarized as follows:

To prevent the convict from re-offending after being released from prison .
the individual for society in a controlled and regulated manner.
To make the penal system more effective and humane by reducing the prison population ,
To protect public safety while offering convicts opportunities such as education, vocational training, and addiction treatment

Therefore, probation is not simply "early release"; it is the legally established form of the reintegration process into society.

2. General Conditions for Probation (Current System – As of 2025)

2.1. Time Remaining Until Conditional Release

Basic rule:
Well-behaved convicts with one year or less remaining until their conditional release can benefit from supervised release.

This one-year period;

Depending on the type of crime
The amount of the prison sentence imposed,
conditional release ratio (e.g., 1/2 or 2/3),

The sentence is calculated by the prison's enforcement offices. In some periods and for certain types of crimes, this period 2 or 3 years ; in particular, Decree Law No. 671 and Law No. 7242 have introduced important temporary provisions on this matter (detailed in the "Before 2020" section below).

2.2. Good Conduct Requirement

In order to benefit from supervised release, the convict must:

He did not receive any disciplinary punishments in prison .
He/She has complied with organizational life and responsibilities,
Those who do not continue their organizational activities in terrorism or organized crime,

In short, an administrative and observation board decision stating that the individual has "good conduct ." If there is no good conduct decision, simply the expiration of the term is not sufficient for supervised release.

2.3. Conditions and Exceptions for Transfer to Open Penitentiary Institutions

As a rule, the convict meet the conditions for transfer to an open correctional facility . However, in practice, in some cases;

Even though they have the right to be suspended,
Those who cannot be sent to an open prison due to reasons beyond their control, such as lack of space or administrative reasons ,
Or, for convicts who have been imprisoned again for this reason..

In accordance with the changes introduced by Law No. 7242, the possibility of being directly placed on supervised release has been provided.

Therefore, not having actually been to an open prison does not always prevent probation; what matters is whether you meet the conditions for release.

2.4. Request and Application Procedure

Probation automatically ; in general:

The convict or their lawyer applies.
The correctional institution the good conduct report and sentence calculation in the file.
The execution prosecutor's office/execution judge examines whether the conditions for supervised release have been met
If the conditions are met, a release order is issued and the individual is referred to the probation office.

Appeals against the decision can be filed with the enforcement judge.

3. Probation for Special Groups: Female Convicts, Seriously Ill Individuals, Children

Probation services offer more advantageous terms and conditions for certain groups

3.1. Female convicts with children aged 0-6 years

In accordance with Article 105/A of Law No. 5275 and amendments to the execution of sentences;

Female convicts with children aged 0-6 years,
Those with 2 years or less remaining until their conditional release ,
If they also meet the other general requirements,

They can benefit from supervised release.

The aim here is;

To minimize the time mothers with young children spend in prison
of the child and the integrity of the family.

3.2. Serious Illness, Disability, or Old Age

In the same article;

Serious illness,
Severe disability,
Convicts who, due to advanced age (old age) , are unable to support themselves independently ,
If they have 3 years or less remaining until their conditional release

And if this by a report from the Forensic Medicine Institute or a health board of a fully equipped hospital , they can benefit from supervised release.

This regulation is based on both humanitarian groundsand the provisions of the Constitution that protect human dignity .

3.3. Juvenile Offenders (Children Involved in Crime)

The Regulation on Probation Services includes separate provisions for children under the age of 18 who have been involved in criminal activity.

for children , psychological support, strengthening family relationships,
Maintaining contact with the school,
Prioritizing social reintegration programs

This is essential. In practice, decisions concerning children require a more sensitive assessment than those concerning adults.

4. In what cases is supervised release applied?

4.1. Fulfillment of the Duration Requirement: 1 Year – 2 Years – 3 Years Distinction

In the general system, for crimes committed after March 30, 2020:

Basic rule: 1 year of supervised probation is applied.
As an exception , probation for up to 2 or 3 years is possible for groups such as female convicts, seriously ill convicts, and disabled individuals

For those whose crime date is before March 30, 2020 , provisional Article 6 of Law No. 7242 allows for up to 3 years of supervised release, excluding certain serious crimes

For older crimes (especially those committed before July 1, 2016 ), there is a two-year probation regime introduced by Decree Law No. 671 (details below in the section before 2020).

4.2. Application in Terms of Crime Type

Probation , in principle, be considered for all fixed-term prison sentences. However, special exceptions and strict conditions have been introduced for certain crimes:

Serious crimes (intentional homicide, certain types of aggravated assault, torture, ill-treatment, etc.),
Crimes against sexual inviolability,
Manufacturing and trading of narcotic or stimulant substances (as in Article 188 of the Turkish Penal Code),
Crimes against state security and terrorist crimes,
Some organized crimes

In this regard, it is seen that they are excluded from the possibility of 3 years / 2 years of supervised release , especially in the temporary provisions of Decree Law No. 671 and Law No. 7242, that is, they are considered as exceptional crimes .

This does not mean that probation cannot be applied at all in these crimes; however, it should be remembered that the advantages of 2-3 years of probation introduced by temporary regulations cannot be utilized, and that conditional release rates are also higher. It is essential to make a concrete execution calculation for each sentence .

4.3. Application Based on the Offender's Status

While under supervised release;

the convict is a repeat offender,
The way he committed the crime, his behavior in prison,
Disciplinary penalties, previous probation violations,

All cases are evaluated together. Law No. 5275 and the execution regulations stipulate stricter conditions for release and supervised probation for repeat offenders

In practice, repeatedly offend and have previously violated their probation terms, making it more difficult to grant them good conduct status.

5. In which cases is supervised release not applied?

5.1. Exceptional Crimes

Specifically, the exceptional crimes that cannot benefit from the 3-year probationary period under Article 6are listed in detail in the execution guides of bar associations, the Turkish Bar Association, and many legal professionals. These include:

of intentional homicide (Turkish Penal Code Articles 81, 82, 83),
Some forms of aggravated injury resulting from its consequences ,
Torture (Turkish Penal Code Articles 94–95),
Torture (Turkish Penal Code Article 96),
Crimes against sexual inviolability (Turkish Penal Code Articles 102–105),
Manufacturing and trading of narcotic or stimulant substances (Turkish Penal Code Article 188),
Crimes against state security,
Terrorist crimes,
Certain organized crimes and crimes falling under the scope of the National Intelligence Organization Law.

are considered.

For these crimes, the 3-year probation and 1/2 conditional release regime does not apply; stricter sentencing rules are in effect.

5.2. Lack of Good Conduct and Disciplinary Penalties

One of the most common reasons for not applying probation is:

Those who have received disciplinary punishment in prison ,
Those involved in the fight, those resisting the searches,
Those who possess narcotics or bring in smuggled goods,
Not complying with institutional rules

of convicts to receive a good conduct verdict.

Without a good conduct decision, a probation order will not be issued even if the time requirement is met. Appeals can be made to the enforcement judge; however, this process requires a professional assessment.

5.3. Failure to Request or Incomplete Application

In some cases, convicts either do not apply for probation at all or submit incomplete applications/documents due to a lack of information. In such situations, they are unable to effectively benefit from probation .

However, when the sentence calculation is done correctly, the release date can often be brought forward , and the convict can serve the final part of their sentence under supervised release.

5.4. Violations During the Probation Period

After receiving probation;

Those who fail to fulfill their obligations (signing, treatment, participation in programs, etc.),
Those who do not apply to the probation office within the specified time,
Committing a new crime,

The convicts' probation is revoked and they are returned to prison.

For example, pursuant to Article 105/A, Articles 292 and 293 of the Turkish Penal Code (escape of a convict or detainee – aiding and abetting this crime) may be applied to convicts who do not report to the probation office within the specified time or who do not surrender to the prosecutor's office despite a decision to extradite them .

Therefore, it is of utmost importance to comply with obligations during the probation period.

6. How was probation implemented before 2020?

This is the crucial part of the question: "What was probation like before the 2020 execution law?"

6.1. The Classic Regime of Law No. 5275: 1 Year of Supervised Release

In the original version of Law No. 5275, the probation period , as a rule, one year .

The convict serves a certain portion of their sentence in prison
With one year remaining until his conditional release ,
of good character ,

The remaining one year of his sentence would be served under supervised release.

This system unchanged ; however, due to prison occupancy rates, relations with the European Court of Human Rights, and the need for flexibility in the penal regime, special and temporary arrangements have been introduced over time.

6.2. 2016 – Period under Decree Law No. 671: 2 Years of Supervised Release

During the state of emergency , significant changes were made to the penal system with the Decree Law No. 671, which came into force in 2016

With this decree:

certain crimes committed before July 1, 2016 ,
The conditional release rate was reduced from 2/3 to 1/2,
The probation period was also increased from 1 year to 2 years.

So, for a convict who meets certain conditions, for example:

After serving half of his sentence in prison,
remaining two years could be served under supervised release.

Of course, this a general scheme ; exceptional crimes (intentional homicide, sexual offenses, terrorism, certain organized crimes, etc.) were excluded from this preferential regime.

6.3. The Mixed Period Before the 2020 Enforcement Package (Law No. 7242)

Between 2016 and 2020, a "multi-layered" probation system emerged in practice:

On the one hand, there is the one-year probationary period , which is the basic rule of Law No. 5275 ,
On the other hand, the 2-year probationary period introduced by Decree Law No. 671,
Various combinations due to different crime dates and exceptional offenses .

Therefore, when calculating sentences, especially for crime dates such as 2015–2016–2017:

History of crime,
Whether the crime committed is among the exceptional crimes ,
Whether the convict has previously benefited from Decree Law 671,

Such factors had to be examined individually.

6.4.2020 – Law No. 7242 and 3 Years of Supervised Release

Law No. 7242, which came into force on April 15, 2020, forms the basis of the regulation known in the public as the "sentence reduction" or "amnesty law." This regulation stipulates that:

For some crimes, the parole rate was reduced from 2/3 to 1/2.
The probation period has been increased from 1 year to 3 years,
However, this is a 3-year probationary period;
- crimes committed before March 30, 2020 ,
- Again, with the exception of certain serious crimes,
- temporary article 6 .

However, the 2-year probation regime introduced by the previous Decree Law No. 671 and the 3-year probation regime cannot be applied twice to the same person for the same crime, and that, in accordance with the principle of the law more favorable to the convict, only the one more favorable to the convict can be considered once .

In summary, the situation before 2020was roughly as follows:

Classic regime: 1 year of probation.
According to Decree Law No. 671, for certain crime dates: 2 years of supervised release.
According to Law No. 7242, for certain crimes, excluding exceptional offenses, committed before March 30, 2020: 3 years of supervised probation.

This complex structure has made the debates surrounding "criminal history / types of crime / laws more favorable to the accused" quite intense even today

7. Frequently Asked Questions Regarding Probation

7.1. When is Probation Release Performed?

This is the most frequently asked question. There is no single answer; because:

History of crime,
Type of crime (whether it's an exceptional crime or not),
The duration of the imposed sentence,
previously benefited from section 671 or 7242,

Numerous factors, such as these, can alter the probation date.

In general terms:

History of crime After 30.03.2020 whereas;
- Rule: 1 year of probation.
- In special circumstances such as female inmates / serious illness / disability: advantageous arrangements of up to 2-3 years
History of crime Before 30.03.2020 whereas;
- The 2-year to 3-year probation regimes introduced by laws 671 and 7242 may come into effect
- Exceptional crimes and previous instances of benefiting from privileges must be thoroughly investigated.

To get the correct answer, the execution of the sentence should be calculated based on the specific case file, taking into account the date of the crime and the amount of the sentence.

7.2. Does being released on probation mean my sentence is considered finished?

No. On probation:

You are still a convict
Your punishment continues.
Only the execution outside the prison .

Failure to comply with your obligations always carries the risk of having your probation revoked and returning to prison

7.3. What are the Obligations in Probation?

Within the framework of Law No. 5275, Law No. 5402 on Supervised Release, and related regulations;

Residing at a specific address,
Complying with the obligation to sign in on the specified days and periods .
Participating in education/rehabilitation programs ,
Continuing treatment/addiction programs if necessary ,
To work in a job or to be employed in a public service job,

Obligations such as these may be imposed. The probation office decides which obligations will be imposed

7.4. What Happens If Probation is Violated?

Not going to sign,
Failure to apply to the probation office within the application period,
Not participating in the programs,
Committing a new crime

In cases of such violations, probation is revoked and the convict is sent to prison. In some cases, a separate criminal case may also be brought regarding the crime of escape

7.5. Is Probation Available for Judicial Fines?

As a rule, unless a fine is converted into a prison sentence . However;

Converting a fine into imprisonment due to non-payment ,
During the execution of this prison sentence

Within the general provisions for sentencing, supervised release may be applied if the conditions are met. Sentence calculations are made separately for each case.

8. Common Errors in Practice and Points to Consider

8.1. Ignoring the History of the Crime

in probation is criminal history.

Before 01.07.2016,
Between 01.07.2016 and 30.03.2020,
After 30.03.2020

Different execution regimes and probation periods may apply to different crimes . It is particularly important to remember that Decree Law No. 671 and Law No. 7242 cannot be applied twice to the same person ; only the more favorable provision can be applied once .

8.2. Using the Wrong Rate in Execution Calculation

the conditional release rate 2/3 or 1/2 lead to incorrect calculations of release dates. Law No. 7242 reduced the rate to 1/2, while maintaining higher rates for certain exceptional crimes.

Therefore, when calculating the execution:

Type of crime,
History of crime,
The amount of the sentenced penalty,
Duplication situation

They should be evaluated together.

8.3. Failure to Appeal Against Good Conduct Decisions in a Timely Manner

If a decision of good conduct is not made or a negative assessment is made:

These decisions can be challenged/appealed to the enforcement judge.
If applications are not submitted within the specified timeframes, the possibility of supervised release may effectively disappear.

Convicts and their families should carefully follow notifications regarding good conduct decisions.

9. Conclusion: Probation is complex, but when properly calculated, it is an important right

Probation is one of the most controversial, yet most important, institutions of the penal system in Turkey.

On the one hand, to alleviate the burden on prisons,
On the other hand, to ensure the controlled return of convicts to society,
Balancing security concerns with the principles of human dignity and social reintegration.

It has a constantly changing and updated structure for this purpose.

Especially in the period before 2020:

The one-year probationary period , which is a fundamental rule of Law No. 5275 ,
The two-year probationary period introduced by Decree Law No. 671 ,
The 3-year probationary period stipulated in Law No. 7242 for crimes committed before March 30, 2020.

They were implemented together; the execution regime became quite complex.

Currently (as of 2025) , for crimes committed after March 30, 2020, the basic rule is still one year of probation ; however, special provisions of up to 2-3 years apply for female convicts, seriously ill individuals, and those with disabilities . In retroactive cases, regulations such as Laws 671 and 7242 still retain their importance.

The healthiest option for anyone who might benefit from probation is:

History of crime,
Type of crime,
The amount of the penalty,
Previously utilized sentence reductions

The key is to have a concrete sentence calculation made, taking these factors into account , and to follow the sentence execution process with professional legal support. This way, opportunities for early release and supervised release rights can be utilized without being lost.

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