Postponement of the Execution of the Prison Sentence

You were somehow tried as a defendant in a criminal case and sentenced to imprisonment. You found the decision unjust, appealed against it, and took the matter to a higher court. Ultimately, the court reviewing your appeal also found you at fault and rejected your objection. Or perhaps you did not file an appeal against the decision, and after the appeal period expired, the decision became final. So, what happens now? Will you immediately go to prison because of the sentence? Is there no way to postpone this, at least for a while? In this article, we will answer these questions.

What Does Postponement of the Execution of a Prison Sentence Mean?

In order for a prison sentence to be executed, the conviction must first be finalized. So, what does it mean for a judgment to become final? Finalization means the legal appeal period has expired without an appeal being filed, or an appeal was filed within the legal period but rejected by the higher court, and no other legal remedies remain. Once the judgment is final, the execution stage begins. However, in some cases, if certain conditions are met, it is possible to postpone the execution of the prison sentence.

In Which Situations Can the Execution of a Prison Sentence Be Postponed?

Articles 16 and 17 of Law No. 5275 on the Execution of Sentences and Security Measures regulate the postponement of imprisonment. Accordingly, the postponement of the execution of a prison sentence is possible in four situations:

1- Postponement of the execution of a prison sentence due to illness,

2- Postponement of execution due to pregnancy,

3- Postponement of execution due to serious illness or disability,

4- Postponement of execution at the request of the convict.

1- Postponement of Execution of a Prison Sentence Due to Illness

The execution of a prison sentence can be postponed in case of illness. Article 16 of Law No. 5275 provides that imprisonment may be postponed for those who cannot sustain their lives alone due to mental illness, other illnesses, pregnancy, serious illness, or disability, under certain conditions. These reasons are explained in detail below.

a- Postponement of Execution Due to Mental Illness

If the convict suffers from a mental illness, the execution of the sentence is postponed, and the convict is placed under protection and treatment in a medical institution specified in Article 57 of the Turkish Penal Code until recovery. The time spent in the medical institution is counted as served in prison. (Law No. 5275, Article 16/1)

b- Postponement of Execution Due to Other Illnesses

In illnesses other than mental illness, the sentence is carried out in sections of official health institutions designated for convicts. However, if the execution of the prison sentence poses a definite danger to the convict’s life, the execution is postponed until recovery. (Law No. 5275, Article 16/2)

c- How Is the Postponement Decision Due to Illness Made?

The postponement decision specified in the above paragraphs is made by the Public Prosecutor’s Office where the execution is carried out, based on a report issued by the Forensic Medicine Institute or by the medical boards of fully equipped hospitals designated by the Ministry of Justice and approved by the Forensic Medicine Institute. The postponement decision is notified to the convict and their legal representative, specifying the obligations to be followed. The place where the convict will reside during the postponement must be reported to the relevant Public Prosecutor’s Office. The convict’s health status is reviewed at intervals specified in the medical report, or if not specified, annually, following the same procedure, and the continuation of the postponement is decided accordingly. Monitoring measures for the convict are implemented by law enforcement in the notified location. If the convict violates these obligations, the postponement decision is revoked. This decision can be appealed to the Execution Judge. (Law No. 5275, Article 16/3)

2- Postponement of Execution Due to Pregnancy

The execution of a prison sentence is postponed for women who are pregnant or have given birth within the past one year and six months. If the child dies or is entrusted to someone other than the mother, the sentence is executed two months after birth. (Law No. 5275, Article 16/4)

Women who become pregnant after entering a closed prison, with more than six years remaining until conditional release, or those deemed dangerous due to behavior, are not covered by the above provision. Their sentences are carried out in suitable facilities within the prison. (Law No. 5275, Article 16/5)

3- Postponement of Execution Due to Serious Illness or Disability

If the convict suffers from a serious illness or disability that prevents them from sustaining their life alone under prison conditions, and it is assessed that they do not pose a significant and concrete danger to public safety, execution may be postponed until recovery, following the procedure in paragraph 3. (Law No. 5275, Article 16/6)

4- Postponement of Execution at the Request of the Convict

Apart from illness or pregnancy; before the execution of the sentence begins, for deliberate crimes with a prison sentence of three years or less, and for negligent crimes with a sentence of five years or less, execution may be postponed by the Public Prosecutor’s Office at the request of the convict who appears upon summons. (Law No. 5275, Article 17/1)

Accordingly, for the postponement of execution at the convict’s request:

1- Not having received more than 3 years for deliberate crimes,

2- Not having received more than 5 years for negligent crimes,

3- Appearing upon summons to the execution prosecutor’s office (those brought in by arrest cannot benefit from postponement) are required.

a- How Long Can the Execution of a Prison Sentence Be Postponed?

Postponement can be applied for no more than one year at a time and up to two times in total.

b- Will Postponement Be Revoked If I Commit Another Crime?

If a public prosecution is initiated against the convict for a deliberate crime during the postponement period, the postponement is revoked, and the sentence is executed immediately.

c- Can I Request Postponement After Execution Has Begun?

Even if the execution of the sentences specified in the first paragraph has begun, for urgent and compelling situations such as completing higher education, the death or permanent illness/disability of parents, spouse, or children, making it impossible to manage the family’s business or farmland, or if the spouse or children are in need of care due to permanent illness or disability, or if the convict requires continuous medical treatment, the Public Prosecutor’s Office may grant a postponement of up to one year. However, this can be granted no more than twice. Acceptance of the postponement request may be conditional upon providing security or meeting other conditions. (Law No. 5275, Article 17/4)

d- Who Cannot Benefit from Postponement at the Request of the Convict?

The provisions of Article 17 regarding postponement at the convict’s request do not apply to:

a) Those convicted of terrorism offenses, crimes committed as part of organized activities, and crimes against sexual inviolability,

b) Those subject to the execution regime for repeat offenders,

c) Those sentenced to disciplinary or coercive imprisonment.

(Law No. 5275, Article 17/6)

It is recommended that convicts or their relatives who wish to benefit from the provisions on the postponement of the execution of a prison sentence seek legal assistance from an expert lawyer. This is because, during such applications, it is essential that all current legislation and other relevant conditions are evaluated by a legal professional.