Prison Sentence in Turkey (2026)

The execution of a prison sentence, meaning the process of a convict being taken to prison, contrary to popular belief, does not begin when the trial ends, but when the verdict becomes “final”. This process contains technical details as complex and vital for the convict as the trial itself.

In this article, we will examine in detail, step by step, how a sentence becomes final in Turkish enforcement law as of 2026, the procedures at the prosecutor’s office, the stages of entry into prison, and the legal mechanisms that ensure the convict’s release.

When Does a Conviction Become Final?

When the trial (Criminal Court of First Instance or Heavy Penal Court) ends, the court establishes a “verdict”. The official document of this verdict is called “ilam”. However, this document is not immediately enforceable because the parties have the right to object to this decision (legal remedies).

1. Ordinary Legal Remedy: Appeal (Regional Court of Justice)

The first step against the decision of the first-instance court is the “appeal” (istinaf) application. Appeal is the re-examination of the decision by a higher court both materially (in terms of facts) and legally.

Deadline: The appeal application period in criminal cases is two weeks from the date the reasoned decision is notified. This period is a forfeiture period; if missed, the decision becomes final.

2. Second Legal Remedy: Cassation (Court of Cassation) and the Critical 5-Year Limit

Against the decision of the Regional Court of Appeal, one can apply for “cassation” (temyiz) to the Court of Cassation under certain conditions.

Deadline: The cassation application period is two weeks (14 days) from the notification of the appeal decision.
Critical Limit (CMK art. 286): The right to cassation is not absolute. According to Article 286 of the Criminal Procedure Code (CMK), decisions of the regional court of appeal regarding prison sentences of 5 years (inclusive) or less are final. No application can be made to the Court of Cassation against these decisions.

This distinction is vital: While someone who receives a sentence of more than 5 years can wait for the Court of Cassation process (potentially for years), for someone who receives a sentence of 5 years or less, the process ends and execution begins the moment the appeal court upholds the decision.

Start of the Execution Procedure: Prosecutor’s Stage

When the decision becomes final, the file passes to the Chief Public Prosecutor’s Office responsible for execution. The prosecutor’s office applies two different methods for taking the convict to prison depending on the amount of the sentence:

Method 1: Surrender via Summons (General Rule)

The general rule is to give the convict a chance to surrender. The Execution Prosecutor’s Office sends a “Summons” to the convict’s address. The convict must surrender within 10 days from this notification. This period is the last opportunity for the convict to arrange their civilian affairs.

Method 2: Direct Arrest Warrant (Exception)

In some cases, depending on the severity of the sentence, no summons is sent, and a direct arrest warrant is issued pursuant to CGTİHK art. 19:

Those who receive a prison sentence of more than 3 years for intentional crimes.
Those who receive a prison sentence of more than 5 years for negligent crimes.

Convicts receiving sentences above these limits should not wait for a notification and should act knowing that a direct arrest warrant has been issued against them.

Admission to Penal Execution Institution and “Entry-Exit” Procedure

When the convict surrenders or is caught, they are transferred to prison.

Health Check: The first doctor’s examination upon entry to the institution is the most critical evidence documenting the convict’s current health status and any signs of battering/force, if any. It is vital that this examination is recorded correctly for future applications.
Registration: Photographs and fingerprints are taken, and the convict’s belongings are registered in trust.

“Entry-Exit” Procedure and New 2025 Regulation

The process known to the public as “entry-exit” is when a convict is released within a few days because the right to probation arises the moment they enter prison.

Important Change: With the new regulation, this situation has been limited. “Entry-exit” is now only valid for those whose crime date is before 04/06/2025. For crimes committed after this date, it is mandatory to spend at least 10% of the sentence actually in prison to benefit from probation.

Which Prison to Go To? (Closed vs. Open Institution Distinction)

The most important distinction determining the convict’s standard of living in prison is the type of institution.

Conditions for Going Directly to Open Prison

Those who meet the following conditions go directly to an open prison (more flexible regime) without ever entering a closed institution:

Total sentence of 3 years or less for intentional crimes.
Total sentence of 5 years or less for negligent crimes.
Those whose judicial fines are converted to imprisonment.(Note: Terror, organized crimes, sexual crimes, and second-time recidivists cannot benefit from this right.)

Transfer from Closed to Open

Those with higher sentences are first taken to a closed institution. After spending a certain part of their sentence (usually 1 month for sentences less than 10 years, 1/10 for more than 10 years) in a closed institution with “good conduct,” they can be transferred to an open institution.

Convict’s Roadmap: The Duration Sheet (Müddetname)

The duration sheet is the official document that clearly shows the time the convict will stay in prison, conditional release, and dates of full entitlement to release. It is notified to the convict upon entry to the prison.

Attention: The duration sheet calculation (deductions, recidivism, aggregation, etc.) is complex and open to human error. The convict must have this document checked by an expert lawyer. If there is an error, an objection can be made to the Execution Judgeship without any time limit.

Release Mechanisms from Prison

There are two basic mechanisms that prevent the convict from spending their entire sentence inside:

1. Conditional Release (Parole)

It is the completion of the remaining time outside under supervision if a certain part of the sentence is served with “good conduct”.

General Rate (1/2): For most fixed-term prison sentences, the time served is half the sentence.
Exceptional Rates (2/3 and 3/4): The time served is longer for crimes such as intentional killing, organized crimes, recidivists (2/3); terror and sexual crimes, drug trafficking (3/4).

2. Probation (Supervised Liberty)

It is when convicts who have a certain time left until conditional release (usually 1 year) and have earned the right to separate to an open prison with good conduct serve the last part of their sentence outside under certain obligations (signature, etc.). Probation is not automatic; the convict must request it, and the Administration and Observation Board must issue a “good conduct” report.

Legal Remedies During Execution Process (Execution Judgeship)

The convict is not defenseless against the decisions of the prison administration. Pursuant to Law No. 4675, the Execution Judgeship is the judicial supervisory authority for the execution process.

What Can Be Appealed?

Objections to disciplinary penalties.
Duration sheet calculation errors (No time limit).
Rejection of transfer to open prison or probation requests (against Administration and Observation Board decisions).
Fundamental rights violations such as health, shelter, communication.

Application Period: A complaint must be filed within 15 days from the date the transaction is learned, and in any case within 30 days from the date it was performed (except for Duration Sheet).

Role of the Lawyer in the Execution Phase

The lawyer’s duty does not end when the judgment becomes final; on the contrary, it continues in a changed form until the end of the execution. The role of an expert lawyer in this process is to audit the accuracy of the duration sheet, make timely applications for transfer to open prison and probation, make effective objections to the Execution Judgeship against unjust “good conduct” reports or disciplinary penalties, and carry out “Restoration of Prohibited Rights” procedures after release.