Benefiting from supervised release does not depend only on the completion of a particular part of the sentence. The offense date, the nature of the conviction, the enforcement regime to be applied, the conditional release date, the institution status and the assessment of good conduct are examined together. The one-year period in the general provision and the broader opportunities in the temporary articles must be kept apart. The authority that decides on the request is the enforcement judgeship. [1]
This guide addresses the enforcement of a prison sentence outside the institution under supervised release within the scope of Article 105/A of Law No. 5275. The review of legislation and case law was carried out as of October 13, 2026. The outcome in a concrete file is determined on the basis of the final judgments and the current enforcement records.
What Does Supervised Release Mean?
Continuing the Enforcement of the Sentence Within the Community
Supervised release allows the convict to complete the part of the sentence up to the conditional release date within the community, subject to the obligations determined. The penalty does not disappear; the way in which it is enforced changes. The aims of preserving family relations, participating in working life and adapting to society are pursued together with supervision and obligations. [1] [2]
When a decision to leave the institution is taken, the directorate to which an application must be made, the application period and the obligations become important. Focusing only on the date of leaving the prison may lead to neglect of the later enforcement steps. The application documents, the registration record of the directorate and the supervision plan notified to the person should be kept.
How It Differs from Conditional Release, Judicial Control and TCK 191
Supervised release under Article 105/A is the enforcement period preceding conditional release. Conditional release and the supervision that follows it are assessed separately under Articles 107 and, where necessary, 108 of Law No. 5275. The fact that the same directorate carries out the procedures does not merge the legal regimes. [1] [2]
Judicial control applied during investigation or prosecution and the measure applied under TCK 191 within the scope of drug use or possession are also different. That the obligation to sign appears similar does not mean that the duration and the consequences of a violation are the same. For the lifting or modification of judicial control, the article on objection to house arrest and judicial control decisions should also be considered. [2] [6] [7]
For imprisonment converted from a judicial fine, there is a separate limit: the fourth paragraph of Article 105/A excludes these sentences from supervised release. The payment of the fine, community service and enforcement in the institution are assessed separately within the framework of Article 106. [1]
What Are the General Conditions for Benefiting?
Institution Status and Good Conduct
The general provision of Article 105/A is based on the request of convicts who are in an open penal institution or a child education house, who are of good conduct, and who have one year or less remaining until conditional release. Taking into account the evaluation report of the institution's administration, the enforcement judge of the place where the Chief Public Prosecutor's Office carrying out the enforcement procedures is located decides. [1]
For convicts who met the conditions for transfer to an open institution but could not leave for a reason beyond their control, or who were sent back to a closed institution for that reason, the second paragraph provides a special possibility. Its application depends not only on being in a closed institution, but on showing the conditions for transfer to an open institution and the reason beyond the convict's control. The separate possibilities under Provisional Article 6 must also be examined. [1]
Why Is an Up-to-Date Sentence Calculation Sheet (Müddetname) Required?
The starting point is not the total amount of the sentence but the conditional release date, determined on the basis of the judgments, the offsetting (mahsup) decisions and the relevant enforcement regime. A sentence that becomes final later, recidivism or an incorrect offsetting record can change this date. An application based on an outdated sentence calculation sheet may not correctly show the current enforcement position. [1] [6]
If there are several sentences in the file, the offense date and the regime of each judgment must be shown separately. A sentence falling under a temporary provision does not mean that the other sentences automatically benefit from the same opportunity. Where there is a dispute about the calculation, the relationship between an application under Article 98 of Law No. 5275 and the supervised release request must be clearly established. [1]
How Are the One-Tenth and Five-Day Rules Applied?
The Basis of the Calculation Is Not the Total Term of Imprisonment
Under the regulation introduced on June 4, 2025, the convict must spend at least one tenth of the period that has to be spent in the enforcement institution up to the conditional release date within the institution. This period cannot be less than five days. Therefore, it is not correct to apply a "total term divided by ten" calculation directly in every file. [1]
To show only the logic of the rule, assume that the period to be spent in the institution for the relevant calculation is set at 300 days. One tenth of it is 30 days. If the base period in the same calculation were 30 days, the five-day lower limit, rather than the mathematical result of three days, would come into play. These are not a personal release calculation. The one-year general window, special provisions, offsetting and other conditions are examined separately.
Transitional Provision Regarding the Offense Date
Provisional Article 11 provides that this new condition does not apply to offenses committed before June 4, 2025. The subsequent finality of the judgment or the convict's later admission to the institution does not change the offense date. The offense date of the relevant judgment must therefore be stated clearly in the petition. [1]
In a file where the new condition does not apply, other conditions regarding remaining in an institution or transfer to an open institution may still exist. Provisional Article 11 cannot be read as a rule for releasing everyone directly without any institutional procedure.
Is Supervised Release One Year or Three Years?
The General Period and Provisional Article 6
The general provision requires one year or less before conditional release. Provisional Article 6, however, provides that for offenses committed up to March 30, 2020 that are not excluded, this one-year period is applied as three years. The offense date and the list of exceptions must be assessed together. [1]
There are exceptions for intentional killing, injury against specified persons, torture, ill-treatment, offenses against sexual inviolability, offenses relating to the confidentiality of private life, the manufacture and trafficking of narcotic drugs, and the state security and terrorism offenses specified in the article. This list of examples does not replace all the subparagraphs and aggravated forms in the law. The offense article applied in the judgment must be matched with its counterpart in the temporary provision. [1]
Three Years' Early Benefit Under Provisional Article 10
Following the amendment that entered into force on December 25, 2025, the sixth paragraph of Provisional Article 10 is based on offenses committed on or before July 31, 2023. Using the earlier criterion of presence in the institution on a given date as if nothing had changed may render the scope review incorrect. [1]
The paragraph regulates, as separate stages, the possibility of early transfer to an open institution by three years for the convicts within its scope, and the possibility of benefiting from supervised release three years early under the relevant conditions. For supervised release, a request and a condition of remaining at least three months in an open penal institution also apply. Offenses outside the scope and the periods to be spent in a closed institution are also reviewed. [1]
This provision does not mean that three years of every sentence are erased. The combined effect of Provisional Articles 6 and 10 likewise cannot be expressed as a single number without determining the offenses, dates and institution status of the file. The table below shows which question the review should begin with.
| Provision | First point to examine | Additional condition determining the outcome |
|---|---|---|
| Article 105/A general rule | Time remaining until conditional release | Institution status, good conduct, the request and, where applicable, the one-tenth condition |
| Provisional Article 6 | Offense committed on or before March 30, 2020 | Exception list of the relevant paragraph and special conditions for benefit |
| Provisional Article 10/6 | Offense committed on or before July 31, 2023 | Scope, periods in the institution and early benefit under the applicable regime |
| Provisional Article 11 | Offense committed before June 4, 2025 | New one-tenth condition does not apply; other conditions continue |
Special Conditions for Women, Elderly, Sick and Disabled Convicts
Women Convicts with Children
The third paragraph of Article 105/A provides, for women convicts with a child in the zero-to-six age group, that two years or less remain until conditional release. The other statutory conditions are preserved. Documents showing the child's age and the relevant family relationship should be attached to the application. [1]
The second paragraph of Provisional Article 6 contains a special four-year arrangement, under its own offense date and exception conditions, for women with a child in the zero-to-six age group and for convicts who have passed the age of seventy. The two years of the general provision and this four-year temporary arrangement must not be used in place of one another. [1]
Serious Illness, Disability and Old Age
The third paragraph of Article 105/A grants a special possibility for convicts who cannot sustain their lives alone because of serious illness, disability or old age, and who have three years or less remaining until conditional release. The condition must be established by a report of the Council of Forensic Medicine (Adli Tıp Kurumu) as provided by the law, or by a hospital report that has passed the approval process. Writing only the name of the illness is not sufficient. [1]
The other special provision in the second paragraph of Provisional Article 6 concerns convicts who have passed the age of sixty-five and who, under its own conditions, cannot sustain their lives alone for the stated reasons. Deferral of enforcement for health reasons and enforcement at home are different legal routes. The request, the scope of the health report and the legal basis must be clearly separated. [1]
Is a Good Conduct Decision Binding on the Enforcement Judge?
The Actual Outcome of the Çağlar Yılmaz Decision
In its decision of January 8, 2026 in the case of Çağlar Yılmaz, Application No. 2022/81860, the Plenary Assembly of the Constitutional Court (AYM) examined the rejection of a supervised release request despite a favorable board decision. The majority did not find the judicial review of the contradiction between the institution reports and the board's result arbitrary in the concrete case, and held the complaint under the right to liberty and security to be inadmissible for being manifestly unfounded. This is not a violation decision. [4]
Three members dissented from the result. Although the existence of dissenting opinions shows the importance of the debate, they cannot replace the majority's ruling. The practical lesson drawn from the decision is that a favorable good conduct decision must be supported by reports, and that all the conditions for benefit must be shown together.
What Limits Apply to the Judge's Review?
The December 14, 2023 decision of the Court of Cassation 1st Criminal Chamber (Yargıtay 1. Ceza Dairesi), E.2023/5842, K.2023/7990, explains, in the context of transfer to an open institution, the legal review between the board's assessment and the file records. The court cannot replace the administration and form a new view without giving reasons. If there are deficiencies or a flawed assessment, it must show them and ensure that a re-examination takes place. [5]
The AYM's 2026 decision also discusses this framework of review. Therefore, instead of the proposition "the board decided favorably, so release is mandatory", an application should explain which criterion the reports support and, where there is a contradiction, why it does not reflect the reality. [4] [5]
How Is an Effective Application File Prepared?
Linking the Facts, Conditions, Documents and the Request
The petition should first explain the current enforcement position, followed by the provision whose application is requested. In the final section, it should state which decision the conditions shown by the concrete documents require. Instead of a general request for release, the application under Article 105/A or the relevant provisional article should be expressly requested.
| Subject to examine | Document to attach or to request | Function in the application |
|---|---|---|
| Offense date and sentence | Final judgment and finality record | Choosing between the general and the temporary provision |
| Remaining enforcement period | Current sentence calculation sheet (müddetname), offsetting and aggregation decisions | Verifying the conditional release date |
| Institution condition | Decision on transfer to an open institution or record of an obstacle beyond the person's control | Showing the status under Article 105/A |
| Good conduct | Board decision and the service reports on which it is based | Concrete assessment instead of an abstract opinion |
| Special status | Health report compliant with the law or a child-related record | Proving the special condition for benefit |
The fact that a document is not in the convict's hands does not remove its importance. The petition may request that the document be obtained, stating where it is held, its date and its effect on the review. If the documents do not all support the same result, the negative records must also be explained; an account that ignores them should be avoided.
What Remedy Is Available Against a Rejection?
Complaint Against the Administrative Act and Objection to the Judge's Decision
A complaint against the relevant act of the institution is, as a rule, made to the enforcement judgeship within fifteen days of learning of it and, in any case, within thirty days of the act. An objection to the enforcement judge's decision may be lodged within two weeks of notification under the current Law No. 4675. The objection is examined by the competent heavy penal court (ağır ceza mahkemesi); the application is submitted through the judgeship that issued the decision. [3] [7]
If the rejection rests on the time condition, the calculation and the legislation must be discussed; if it rests on good conduct, the reports and the reasoning of the decision; and if it rests on a special status, the relevant documents. Since the application does not automatically stay enforcement, a separate request for suspension should be made where needed, with its legal conditions explained. [3] [7]
Preparing a Constitutional Complaint
A constitutional claim raised after the ordinary remedies must not rest merely on the view that the outcome was wrong. Arbitrary assessment, disregard of the statutory conditions or leaving decisive objections without reasons should be made concrete. Individual application to the Constitutional Court in criminal cases and determining the application period and the date of knowledge should be considered together at this stage.
Application to the Directorate After the Decision and Obligations
Following departure from the institution, the convict must apply within five days to the supervised release directorate named in the request. This period is entirely different from the minimum five-day period to be spent in the institution under the one-tenth rule. Using the same number does not merge the two rules. [1] [2]
The directorate may determine obligations depending on risks and needs, such as working in community service, supervision in a specific place or area, not going to certain places and participation in programs. Work, education and health status should be notified with documents when the plan is prepared. Requesting a change to the plan does not automatically suspend the current obligations. [1] [2]
For related details, see our articles on violation of supervised release and return to prison and on objection to a good conduct and administration and observation board decision.
Conclusion
The strength of a supervised release application depends on setting out the time calculation and the legal conditions consistently in the same file. The regime applicable under the offense date must be determined; the current sentence calculation sheet, the institution status and the good conduct reports must be assessed together. The request should be directed at the concrete legal outcome that these documents show; in case of rejection, the correct remedy and its time limit must be preserved.
For legal support in criminal proceedings and enforcement processes, you may review our criminal defense services.
Frequently Asked Questions
Is supervised release three years for everyone?
No. The general period is one year. Three-year or different applications arise in files that fall under temporary or special provisions, with the relevant conditions. The offense date and the exceptions are decisive. [1]
Is staying five days in prison on its own sufficient?
No. In files where the new provision applies, five days is the minimum; one tenth of the period to be spent in the institution may be longer. Other conditions for benefit are also required. [1]
Does the new one-tenth condition apply to older offenses?
Under Provisional Article 11, the new condition does not apply to offenses committed before June 4, 2025. Nevertheless, the other enforcement and institution conditions of the file are examined. [1]
Does Article 105/A apply to imprisonment converted from a judicial fine?
The fourth paragraph of Article 105/A excludes these sentences from its scope. The procedures for payment of the fine, work and enforcement in the institution are assessed separately. [1]
Does a favorable good conduct decision guarantee release?
No. The other conditions and the review by the enforcement judgeship continue. In the Çağlar Yılmaz decision, the majority did not find the judicial review of the conflict between the reports arbitrary. [4]
Does starting work as an insured employee remove all obligations?
No. The work situation can be documented and the relevant obligation adapted. Other obligations and application periods therefore do not end automatically. [2]
Sources and legal bases
1. Law No. 5275 on the Execution of Sentences and Security Measures (Ceza ve Güvenlik Tedbirlerinin İnfazı Hakkında Kanun), in particular Articles 89, 98–101, 105/A, 107–108; Provisional Articles 6, 10 and 11. Current consolidated text, accessed October 13, 2026.
2. Regulation on Supervised Release Services (Denetimli Serbestlik Hizmetleri Yönetmeliği), in particular Articles 43–48, 79–88. Official text, accessed October 13, 2026.
3. Law No. 4675 on Enforcement Judgeships (İnfaz Hâkimliği Kanunu), Articles 4–6. Accessed October 13, 2026.
4. Constitutional Court Plenary Assembly, Çağlar Yılmaz, Application No. 2022/81860, January 8, 2026, in particular paragraphs 37–40 and the operative part. Result: inadmissibility for being manifestly unfounded; dissenting opinions are separate.
5. Court of Cassation 1st Criminal Chamber, E.2023/5842, K.2023/7990, December 14, 2023, reasoning pages 9–10 and the operative part. Result: reversal in the interest of the law (kanun yararına bozma).
6. Law No. 5237, Turkish Penal Code (Türk Ceza Kanunu), Articles 63 and 191. Accessed October 13, 2026.
7. Law No. 5271, Code of Criminal Procedure (Ceza Muhakemesi Kanunu), Articles 109 and 267–271. Accessed October 13, 2026.