Under supervised release, a reassessment of the supervision plan may be requested because of working hours, health or a change of residence. However, filing an application does not by itself change the existing obligation. The request must be assessed and decided by the competent directorate and commission; if unlawfulness is alleged, the route of application to the enforcement judgeship must be used separately.
The authority to set the plan and the authority to review the lawfulness of the plan are different. This distinction determines not only which authority the request must be addressed to but also what may be requested. This article addresses the stage of enforcing a sentence under supervised release within the scope of Article 105/A of Law No. 5275. The procedures for changing judicial control and supervision practices based on other laws cannot be treated as the same.
Who Sets and Changes the Supervision Plan?
The directorate and the enforcement procedures evaluation commission
The Supervised Release Services Regulation establishes an enforcement system based on risk and needs assessment, the person’s situation and the nature of the obligation. In this system, the enforcement procedures evaluation commission within the directorate has authority to determine and, where necessary, change obligations. Article 45/2 of the Regulation separately regulates the changing of obligations within the scope of Article 105/A. [1]
This authority does not mean unlimited discretion. The plan must comply with the conditions in the law and the regulation, and the person’s claims about documented needs must be assessed. On the other hand, a working or family routine alone does not give rise to a right to demand an arrangement below the supervision frequency provided in the legislation.
Can the enforcement judgeship directly set a new signing day?
In the decision of the 1st Criminal Chamber of the Court of Cassation (Yargıtay 1. Ceza Dairesi) dated 13.03.2026, E. 2025/916, K. 2026/1982, the frequency of reporting of a medium-risk convict was discussed. The objection authority reduced the reporting in the initial periods to one day a week and set Monday. The Chamber found it unlawful, in the face of a plan compliant with the legislation, to substitute for the commission and establish a new arrangement without sufficient legal reasoning. The decision was given in a review for reversal in the interest of the law. [3]
This decision should not be read as meaning that the directorate’s acts fall outside judicial review. A complaint against an unlawful assessment is possible. The purpose of the application is to ensure that a lawful decision is made by examining the statutory conditions and the personal situation; the judgeship should not be asked to take the administration’s place without reasons.
Can the Signing Day or Time Be Changed Because of Work?
A work document alone is not sufficient
In addition to the document showing that the person works, the actual overlap with the supervision hours must be explained. A social security (SGK) record may show that the person works, but it does not alone show which shift the person works. The request becomes concrete when the employment contract, the current shift schedule, the employer’s dated statement and the travel time are submitted together.
The application should propose a solution that makes it possible for the person to continue the enforcement. For example, a different time on the same day, a suitable day to the extent the legislation allows, or a reassessment of the place of supervision may be requested. It should not be assumed that the employer must grant leave in every case or that supervision will be removed entirely because of work.
Reporting frequency and the arrangement of day and time are not the same thing
Article 83/3 of the Regulation regulates the reporting frequency under the supervision and surveillance obligation in a region according to risk level. For high risk, daily in the first three months, three days a week between three and six months, and two days a week after six months are provided; for medium risk, four, two and one days in the same periods; for low risk, two days a week in the first three months and one day thereafter. This table does not mean that there is a single uniform signing calendar for all types of supervised release. [1]
Requesting a more suitable time and reducing the number of reports provided by the legislation are different requests. If it is claimed that the risk level was determined incorrectly, work pressure alone should not be described; it should be explained on the basis of which concrete data the assessment is wrong or has become outdated. A reassessment of risk is also not a procedure whose result is known in advance.
How Is a Change Requested Because of a Health Condition?
Temporary excuse and ongoing adjustment
One day of emergency treatment may be an excuse for a past absence. Long-term treatment, restricted mobility or regular hospital visits, however, may require changing the plan for the following period. Although two requests can be put forward in the same petition, the dates of events, the documents and the desired outcomes should be shown separately.
In a medical report, which activities cannot be performed matters as much as the name of the illness. If there is a restriction regarding travel, standing and waiting, going out at certain hours or working, its medical basis should be explained. Stating the estimated duration of treatment and the date of the new assessment makes for a more verifiable application than a request for an indefinite and open-ended exemption.
Serious illness and being unable to live independently
Article 83/5 of the Regulation contains a special provision on the relevant obligation for convicts who cannot live on their own because of serious illness, disability or old age. This condition is not identical to holding any medical report. The seriousness of the illness and its effect on daily life must be demonstrated with appropriate medical documents. The status of other obligations is assessed separately. [1]
If the directorate considers the document insufficient, an explanation of the points regarded as deficient and the obtaining of the necessary records may be requested. For the details of the assessment of an excuse, the general framework in our guide to supervised release violation should also be taken into account.
Change of Residence and Transfer of the File
Notifying an address does not replace a transfer decision
Transfer of the file may come up where a person starts a job in another city, moves in with family or relocates for treatment. When a transfer is assessed under Article 43 of the Regulation, the accuracy of the new address, the reason for the move and the carrying out of supervision in the new place are examined. Changing the address record does not mean that the supervision file automatically passes to another directorate. [1]
A lease, a residence certificate, and work or treatment records can support the request. Until the transfer decision is given, the existing obligations must be continued. After the decision, the time limit and procedure notified for applying to the new directorate must be followed carefully; the Regulation contains a five-day application provision from the notification of the transfer.
Temporary travel differs from a permanent transfer
Going out of town for short-term work, a family visit or treatment does not always require a transfer of the file. However, the restrictions on the person leaving the region where he or she is located and the other obligations in the plan must be checked separately. Leaving the existing place of reporting on the ground that a relocation request has been submitted may create a violation issue. Leave, transfer and a change of obligation are not procedures that can be used in place of one another.
What Should the Application File Contain?
Selecting documents according to the request
| Request | Basic document | Link to be explained |
|---|---|---|
| Time that suits work | Shift schedule and employer letter | The overlapping hour and a workable alternative |
| Plan suited to health | Current report and treatment program | Which activity cannot be performed and why |
| Residence transfer | New address and reason for the move | How supervision will be carried out in the new place |
| Reassessment of risk | Records showing the changed conditions | Why the earlier assessment should be renewed |
| Complaint against a rejection | Reason for rejection, service and initial application | Substantive claim not assessed, or violation of the legislation |
A large number of documents does not by itself mean a strong application. Which allegation each document supports should be stated; personal information unrelated to the dispute should not be added to the file unnecessarily. If the hours in the employer’s letter differ from the person’s explanation, this contradiction must be resolved.
How should the request be phrased?
- Show the date of the current plan, the relevant obligation and the hours of application.
- Explain the changed condition, its start date and its effect.
- Match the documents with the relevant explanations.
- Ask for a workable change or reassessment that complies with the legislation.
- Request that the decision be notified in writing and, if necessary, that an urgent assessment be made.
Instead of a one-sentence request such as “I want my signing to be lifted,” it should be shown which change is necessary and why, while preserving the purpose of the obligation. This approach gives no assurance of acceptance; it makes it easier for the decision to be reasoned and open to judicial review.
What Route Is Followed Against a Rejection Decision?
A complaint and an objection are different
Article 48 of the Regulation regulates the application routes for plans, reports, warnings and directorate acts. For a complaint to the enforcement judgeship, the limits of 15 days from learning and 30 days from the act must be taken into account. The time limit for objecting to an enforcement judgeship decision is two weeks from notification under Article 6 of Law No. 4675. It should not be assumed that a request for administrative reassessment stops these time limits automatically. [1, 2]
If the reason for rejection relies on a binding frequency in the legislation, an application that does not answer that provision remains incomplete. If a medical document or work schedule was not discussed at all, the failure to assess a substantive claim should be stated. A reference to discretionary authority does not remove the obligation to give concrete reasons. Our article on application and objection to the enforcement judgeship is complementary for the details of the procedure.
Does the old plan apply while an application is pending?
Unless a decision to change or stay is given, the application does not automatically suspend the existing plan. If actual impossibility arises, the directorate must be informed immediately and the excuse must be documented. If a stay is requested from the enforcement judgeship, manifest unlawfulness and consequences that are difficult or impossible to remedy must be argued together. The statement “I filed a petition” alone does not show that the obligation has ended.
Conclusion
When changing a supervision plan, the correct method is to document the changed condition, to ask the competent commission for a concrete reassessment, and to bring an unlawful rejection decision to judicial review within the time limit. Grounds of work, health and residence do not produce the same legal result. While the authority to set the plan is preserved, it must also be ensured that the personal situation is assessed with reasons and that the act remains within the limits of the law.
Related articles: Excuse in a Supervised Release Violation: Medical Report, Hospital Companion, Detention and Objection; Failure to Surrender to Prison After Supervised Release: The Escape Offense, Service and Warning Notice; New Offense Allegation During Supervised Release: Public Prosecution, Return to Prison and Calculation of the Enforcement Period.
Frequently Asked Questions
Can everyone who works sign once a week?
No. The relevant obligation, the risk level and the periodic frequency in the legislation are assessed. A work document does not automatically secure a once-a-week arrangement.
I submitted a petition to the directorate; can I start at the new time?
An application alone does not change the plan. The competent decision and the new arrangement must be notified.
Can the court not interfere with the supervision plan at all?
A lawfulness review is possible. However, setting aside a plan that complies with the legislation without sufficient reasons and setting a new calendar in place of the commission is a different act.
If I move to another city, do I still have to go to the old directorate?
It should not be assumed that the obligation has passed to the new directorate before a transfer decision is given. The existing plan and the application procedure stated in the transfer decision must be followed.
Does a medical report remove all obligations?
No. Each obligation and each health obstacle is assessed separately. An exemption or change for a particular activity does not mean the end of all supervision.
Sources
- Supervised Release Services Regulation, especially Articles 43, 45, 48 and 83. Text published by the Ministry of Justice.
- Law No. 4675 on Enforcement Judgeships, Articles 5–6; Law No. 7499, Article 37. Text of Law No. 4675, text of the amendment.
- Court of Cassation 1st Criminal Chamber, 13.03.2026, E.2025/916, K.2026/1982. Accessible text of the decision, second text publication.
The decision was assessed on the basis of the accessible full-text publication.