This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İnfaz Hesabı: Koşullu Salıverilme ve Açık Cezaevi.
The calculation has three stages: first the proportion for conditional release is applied according to the offence, then the probation period is deducted, and finally time spent in custody and on remand is set off. For most offences the proportion is half the sentence; for the serious offences listed in the Act it is higher (Act no. 5275, Art. 107).
“How long will it actually be?” has no single answer. Two sentences of the same length can be served over very different periods, depending on the offence and on the person.
This article sets out the stages of the calculation, the difference between conditional release and probation, and what to do if you think the figures are wrong. The definitive calculation must always come from the enforcement prosecutor.
The Three Stages
1. The conditional release proportion. Act no. 5275 on the Execution of Sentences and Security Measures determines how much of a sentence is spent in prison. The general proportion for determinate sentences of imprisonment is one half; for certain offences listed in the Act it is two thirds or higher.
2. Probation. A set period before the date of conditional release, the prisoner may serve the remainder of the sentence outside, under supervision.
3. Transfer to an open prison. Prisoners who meet the conditions serve part of their sentence in an open institution.
Each of these stages has its own rules and varies with the offence. General calculators found online can therefore be misleading.
What Changes the Proportion
- The offence. The proportion rises for intentional killing, offences against sexual inviolability, drug trafficking, terrorism and organised crime.
- Recidivism. Where the provisions on recidivism apply, the regime is stricter and access to probation narrows.
- Age and health. Special provisions apply to child prisoners and in cases of serious illness.
- Good conduct. An assessment by the administration and observation board is a precondition of conditional release.
- Time spent on remand. It is set off, and must be included in the calculation.
| Group of offence | Proportion |
|---|---|
| The general rule (most offences) | 1/2 of the sentence |
| Intentional killing | 2/3 of the sentence |
| Offences against sexual inviolability | 2/3 of the sentence |
| Manufacture of and trafficking in narcotics | 2/3 of the sentence |
| Forming an organisation to commit offences | 2/3 of the sentence |
| Terrorism offences (the cases listed in the Act) | 3/4 of the sentence |
The probation period is as a rule one year; for offences committed before 30 March 2020 it is applied as three years under provisional Article 6 of Act no. 5275. These provisions change often, so the calculation must be made against the legislation currently in force.
Conditional Release and Probation Are Not the Same
The two are confused, but they are different.
Probation is serving the remainder of the sentence outside the institution, under obligations. The person is still serving a sentence: signing in, attending programmes, or electronic monitoring may be imposed.
Conditional release is the remainder of the sentence being treated as served, provided no further offence is committed during the supervision period.
Breach has serious consequences in both: failing to comply with probation obligations can mean a return to closed conditions, and committing an offence during conditional release means the release is revoked.
If the Calculation Is Wrong
The calculation is made by the enforcement prosecutor, and mistakes happen: time on remand not set off, errors in combining several judgments, the wrong proportion applied.
What to do, in order:
- Ask for the sentence calculation document. Request from the enforcement prosecutor the document showing how the term was calculated.
- Check the items. Which judgments were included, was time on remand set off, which proportion was applied?
- Object. Complaints and objections about the execution of a sentence go to the enforcement judgeship.
An objection also lies against the enforcement judgeship's decision. The periods here are short, so examine the document the moment it reaches you.
The proportion depends on the offence, on recidivism and on the person; online calculators do not make those distinctions. For the definitive figure ask the enforcement prosecutor for the sentence calculation document, and if you see an error, object to the enforcement judgeship.
Frequently Asked Questions
How much of a sentence is actually served?
There is no single proportion. For determinate sentences the general rule is one half, but for certain offences listed in the Act it is two thirds or higher.
What is the difference between probation and conditional release?
Under probation the person is still serving the sentence, outside the institution and under obligations. On conditional release the remainder is treated as served, provided no further offence is committed.
Is time on remand deducted?
Yes, it is set off — and failing to include it is one of the commonest errors in the calculation.
How do I check the calculation?
Ask the enforcement prosecutor for the sentence calculation document and check which judgments were included, whether remand was set off, and which proportion was applied.
Where do I object to an error?
To the enforcement judgeship, with reasons and within the time limit. A further objection lies against its decision.