This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Denetimli Serbestlik: Koşulları, Yükümlülükler ve İhlal.
Probation does not remove the sentence; it means that the final part of it is served outside prison and under obligations. The institutions most often confused with it are conditional release, deferral of the announcement of the judgment, and suspension of the sentence — four different things with four different consequences.
Probation allows a convicted person to spend a defined part of their sentence outside prison, under supervision and subject to obligations. It is governed by the Act on the Execution of Sentences and Security Measures (Law no. 5275).
Its purpose is to make reintegration into society easier. The sentence is not extinguished; the manner in which it is served changes.
How Does Probation Work?
Instead of the whole sentence being served in prison, the final part is spent in the community. The convicted person is released subject to defined obligations and continues to serve the sentence under a probation directorate.
As a rule, to reach this stage the person must be in an open prison or meet the conditions for transfer to one. The assessment of good conduct and the decision of the administration and observation board are decisive.
The decision is given by the execution judgeship. If the request is refused, the decision may be challenged.
How Does It Differ from Conditional Release?
The two are often confused; in fact they complement each other.
Conditional release is the release of a convicted person on conditions after the portion of the sentence prescribed by law has been served. For determinate prison sentences a defined proportion must as a rule have been served; the proportion varies with the type of offence and is higher for some.
Probation begins a defined period before the date of conditional release. The convicted person leaves prison a set time before the date on which they would become eligible for conditional release and continues to serve the sentence under supervision.
These periods have been altered from time to time by the Act and by transitional provisions; the date of the offence and its type are decisive. A separate calculation is therefore needed for every file.
Who Cannot Benefit from Probation?
The Act treats certain categories of offence differently and excludes some from the scheme altogether. The main areas in which restrictions apply are:
- terrorism offences
- offences committed by forming, directing or being a member of a criminal organisation
- the manufacture and trafficking of narcotic or stimulant substances
- offences against sexual inviolability
- certain aggravated forms of intentional homicide
The assessment also differs for convicted persons who have received a disciplinary penalty in prison that has not been lifted, and for those who have absconded.
Because these provisions change frequently, which regime applies in a given file is determined by the date on which the offence was committed.
What Obligations Are Imposed?
A probation decision imposes one or more obligations. The principal ones are:
- Signing on: attending the probation directorate on set days and at set times to sign.
- Work of public benefit: working without pay at designated institutions.
- Attending training programmes: vocational training, anger management or addiction programmes.
- Not going to specified places: licensed premises or defined areas.
- Continuing treatment: attending a treatment programme where there is an addiction.
- Not leaving one's residence: being at home during set hours.
The obligations are set according to the person and the file, taking account of their work and family circumstances.
What Happens on Breach?
Breach has serious consequences. Where the convicted person does not comply with the obligations notified to them, the probation directorate reports the matter to the execution judgeship.
Depending on the nature of the breach a warning may be given first; if the breach continues, the probation decision is revoked and the person is returned to prison. The remainder of the sentence is then served in a closed institution.
The recalculation of periods and the postponement of the conditional release date may also follow. Keeping to signing days and programme attendance therefore matters a great deal.
Where something prevents attendance (illness, unavoidable travel), the directorate must be notified in advance and with supporting documents.
How Does It Differ from a Deferred Judgment and from Suspension?
Three distinct institutions:
- Probation is a way of executing a final prison sentence. The sentence exists and is being served.
- Deferral of the announcement of the judgment is an institution of the Criminal Procedure Code. The judgment reached against the accused is not pronounced; if the supervision period passes without incident the case is discontinued.
- Suspension of the sentence is governed by the Criminal Code. A sentence is imposed but its execution is suspended for a supervision period.
Which applies depends on the length of the sentence, the accused's record and the nature of the offence. Advancing these options correctly during the trial has a direct effect on the outcome.
The date on which probation becomes available depends on the type of offence, the date it was committed, the length of the sentence and the periods to be set off. Because transitional provisions change frequently, calculations made from general information can mislead. The calculation must be done on the file itself.
| Institution | What it does | Who decides | If breached |
|---|---|---|---|
| Probation | The final part of the sentence is served outside the institution | Execution judgeship (on the board's proposal) | Return to a closed institution |
| Conditional release | Release on conditions after part of the sentence is served | Execution judgeship | The remainder is served in full |
| Deferral of the announcement of the judgment | The judgment is not pronounced; a supervision period runs | The trial court | The judgment is pronounced and enforced |
| Suspension of the sentence | The prison sentence is conditionally not executed | The trial court | The sentence is executed in whole or in part |
Probation and conditional release belong to the execution stage; deferral of the judgment and suspension belong to the end of the trial.