Law No. 7589, the 12th Judicial Package, Enters into Force: Technical Amendments to the Fundamental Codes and Their Practical Effects
Date of Publication and Official Gazette: Official Gazette No. 33326 dated 31 July 2026
Date of Entry into Force: 31 July 2026 (date of publication)
Known publicly as the 12th Judicial Package, Law No. 7589 on the Amendment of Certain Laws for the Effective and Efficient Functioning of the Judiciary was published in Official Gazette No. 33326 dated 31 July 2026 and entered into force on the same day.
Intended to ensure that proceedings are concluded within a reasonable time, to serve procedural economy and to fill the legislative gaps created by the annulment decisions of the Constitutional Court, this legislation introduces fundamental amendments to our legislation, notably the Code of Civil Procedure, the Turkish Penal Code, the Code of Criminal Procedure, the Turkish Code of Obligations, the Enforcement and Bankruptcy Law and the Code of Administrative Procedure.
In this review prepared by our law office, the innovations introduced by Law No. 7589 are examined in the light of the reasoning behind the provisions and the principles governing their application.
1. Amendments to the Code of Civil Procedure (CCP)
A. Abolition of the Action for an Indeterminate Claim and Strengthening of the Partial Action (Art. 107 CCP)
The Action for an Indeterminate Claim Has Been Repealed: Article 107 of the Code of Civil Procedure has been removed from the system entirely.
The Scope of the Partial Action Has Been Broadened: Simultaneously with the abolition of the action for an indeterminate claim, the institution of the partial action has been strengthened. Accordingly, in a partial action the claimant may increase the relief sought on one occasion only, at any time up to the close of the investigation stage.
Interruption of Limitation: In respect of such an increase in the claim, limitation is deemed to have been interrupted as at the date the action was commenced, and not as at the date on which the increase was made.
B. Hearing Intervals and the Balance Between Rule and Exception
Three Months as a Rule: It is now established that, absent good cause, the interval between hearings may not exceed three months. Where mandatory procedural steps such as expert examination, letters of request or forensic medical reports are involved, the judge may set a period longer than three months, stating the specific reasons in the decision.
C. Transmission of Sound and Image (Electronic Hearings) and the Preliminary Examination
It has become possible to conduct preliminary examination hearings through the electronic hearing system. However, physical attendance will continue to be required for certain procedural steps where, by the nature of the proceedings, a physical signature is mandatory or where the determination requires direct contact with the judge.
D. Appellate Remedies, Monetary Thresholds and Joinder/Severance
Appeal Thresholds for Regional Courts of Appeal: The monetary thresholds and conditions governing applications to the court of cassation against decisions of the Regional Courts of Appeal have been updated.
Joinder and Severance Decisions: The appellate review available against decisions to join or sever actions, and the effect of such review on the principal action, have been clarified.
2. Amendments to the Turkish Penal Code and the Code of Criminal Procedure
A. Making Financial Instruments Available for Use in Cybercrime and Sentence Reduction (Art. 158 TPC)
A specific personal sentence reduction has been introduced in respect of forms of participation in the offences of fraud and aggravated fraud (Arts. 157 and 158 of the Turkish Penal Code).
Scope: Where the act of participation is confined solely to making available to another a bank account, a bank or credit card, a payment account, electronic payment instruments, crypto-asset account details or the means of accessing such accounts, the sentence imposed on the offender may be reduced by one half.
Exceptions: This provision does not apply to aggravated theft (Art. 142 of the Turkish Penal Code) or to other offences against property. Beyond the financial instruments listed, the sharing or making available of an IP or port address does not benefit from the sentence reduction under this paragraph.
B. Suspension of the Pronouncement of the Judgment
Taking into account the reasoning of the Constitutional Court's annulment decisions, Article 231 of the Code of Criminal Procedure (suspension of the pronouncement of the judgment) has been restructured:
The appellate remedies available against decisions suspending the pronouncement of the judgment, including appeal and cassation, have been clarified.
The supervision period to be set for the accused, the manner in which probation measures are applied, and the principles governing execution of the judgment where a further intentional offence is committed during the supervision period, have been placed on a statutory footing.
C. Definition of Fugitive Status, Genetic Examination and Objection by the Chief Public Prosecutor
Genetic Examination: The confidentiality of genetic examination results and the procedures for their destruction have been re-regulated within the Code of Criminal Procedure.
Definition of Fugitive and the Chief Public Prosecutor's Office at the Court of Cassation: The conditions for acquiring the status of fugitive accused or suspect, together with the limits and time periods governing the power of the Chief Public Prosecutor of the Court of Cassation to object to the General Criminal Assembly, have been clarified.
3. Amendments to the Turkish Code of Obligations (Art. 55): Bodily Injury and Loss of Support
The principles governing the calculation of loss and interest in claims for bodily injury and loss of support are now regulated directly by paragraphs added to Article 55 of the Turkish Code of Obligations. (These provisions are specific to claims for bodily injury and loss of support and do not extend to all other compensation claims.)
Interest Commencement Dates: For the period of known earnings (loss already incurred), interest on the compensation awarded runs from the date of the incident; for the period of unknown earnings (future loss), interest on future losses determined by actuarial calculation runs from the date of judgment.
Set-Off of Partial Payments: The manner in which, and the value as at which date on which, partial payments made by the defendant or the insurance company before the investigation stage are to be deducted from the principal compensation calculation has been placed on a procedural footing.
4. Amendments to the Enforcement and Bankruptcy Law: Electronic Sale and Co-Ownership
A. The First Auction in Actions to Dissolve Co-Ownership by Sale
In actions to dissolve co-ownership by sale concerning immovables belonging solely to heirs, the first public auction in the electronic environment will be held among the heirs alone. Where no sale takes place at the first auction, subsequent auctions will be open to third parties.
B. The Electronic Sale Portal (Art. 114) and Security Exemptions
Security Exemption: The rule that, where a creditor participates in the auction, it is exempt from providing security to the extent that its claim covers the bid offered, together with the Treasury's security exemption in sale auctions, has been clarified.
Non-Payment of the Auction Price: The sanctions applicable where the auction price is not paid within time, the procedure for forfeiting the security to the Treasury and the process for making an offer to the second highest bidder have been integrated into the electronic sale system and tightened.
5. The Code of Administrative Procedure and the Council of State
Correction of Reasoning on Appeal: Where a Regional Administrative Court finds the outcome of the first-instance administrative or tax court decision to be lawful, it may correct deficient or erroneous reasoning in the decision and dismiss the appeal on the merits.
Restriction of the Power to Remit the File: The circumstances in which Regional Administrative Courts may remit a file to the first-instance court for a fresh decision (that is, may set the decision aside) have been limited to those enumerated in the law. Regional Administrative Courts will themselves remedy the great majority of procedural deficiencies and give a decision on the merits.
Number of Chambers at the Council of State: The temporary provision reducing the number of chambers at the Council of State to ten has been extended until 23 July 2030.
6. Notarial, Council of Judges and Prosecutors and Judicial Disciplinary Provisions
Disciplinary Sanction for Judges and Prosecutors on Recourse to Experts (Law No. 2802): Recourse by judges and prosecutors to an expert on matters capable of resolution through the legal knowledge required of the judicial profession has been enacted as a disciplinary offence attracting a warning.
Costs of Notarial Documents (Art. 1512 of the Notaries Law): When the original or a securely electronically signed copy of a notarial document requested by courts and prosecutors' offices is sent, no daybook number will be assigned; apart from postal and travel costs, no fee, tax or valuable paper charge will be levied.
7. Amendments Concerning Statutory Interest and Default Interest (Law No. 3095)
The procedures for determining the statutory interest rate set out in Article 1 of Law No. 3095 and the default interest applied in commercial matters, together with the power of the Presidency to alter those rates, have been updated. Through this technical amendment, the parameters for calculating statutory interest have been restructured with a view to ensuring that interest rates remain workable in the face of current economic data and inflation.
Entry into Force
All of these provisions of Law No. 7589 entered into force on 31 July 2026, the date of their publication in the Official Gazette.
