Special enforcement procedures allow a final prison sentence to be carried out on weekends, at night or in the convict’s home, under the conditions set out in the law. This possibility does not amount to the annulment of the conviction or the pardon of the sentence. Which method may apply is determined by the total sentence imposed, the nature of the offence, age, state of health and the relevant statutory exceptions. The deciding authority is the enforcement judgeship (infaz hâkimliği). Because of the amendments of 4 June 2025, preparing an application on the basis of old duration tables may lead to serious errors of assessment. 1 2
This review has been prepared on the basis of the consolidated legislation accessed on 13 October 2026. Its main purpose is not to assume, by looking only at the amount of the sentence, that a person falls within the scope, but to tie the request to the correct paragraph and the necessary documents.
Which legal need does a special enforcement procedure meet?
The sentence continues; the manner of its execution changes
Article 110 of Law No. 5275 on the Enforcement of Criminal Penalties and Security Measures (Ceza ve Güvenlik Tedbirlerinin İnfazı Hakkında Kanun) is one of the instruments for individualising the sentence at the enforcement stage. Work and family life, advanced age, serious illness, disability and postnatal needs are addressed in different provisions. The conditions required and the method that can be applied differ for each reason. The judge must evaluate the specific file; reaching the sentence threshold alone does not make an acceptance decision mandatory. 1
In weekend and night enforcement, the periods determined are served in the penal institution. In enforcement at home, the sentence is carried out in the home in accordance with the requirements of the decision and the supervision regime. The convict should not assume on their own initiative freedom to go to work, change city or leave the home. The obligations and the permission process to be applied must be clarified by the supervision unit with reference to the decision.
Enforcement at home is different from the judicial control of not leaving home
In everyday language both measures may be called “house arrest”. However, the prohibition on leaving home under CMK 109 is a judicial control measure that can be applied during investigation or prosecution. Enforcement at home under Article 110 of the Law, by contrast, is the execution of a final conviction. The authority to which the application is made, the reasoning, the effect of the decision and the assessment of the period therefore differ. Details on judicial control are discussed in the firm’s review of objection to house arrest and the prohibition on leaving home. 1 3
Deferral of enforcement on grounds of illness (geri bırakma) is also a separate institution. In deferral, enforcement is postponed; in enforcement at home, the sentence is continued in another place. Having a medical report does not allow these two legal consequences to be used interchangeably. 1 A related topic is covered in the article on postponement of enforcement.
What are the conditions for weekend and night enforcement?
Total sentence imposed and type of offence
Under the current regulation, upon the convict’s request the enforcement judge may order weekend or night enforcement where the total prison sentence is three years or less for intentional offences, or five years or less for negligent offences. Negligent homicide is excluded from this possibility for negligent offences. In addition, the cases outside the scope under paragraph nine of the article are checked. 1
The criterion here is not the time remaining until conditional release (koşullu salıverilme). For example, if the enforcement of a longer prison sentence has reached its last two years, that does not reduce the total sentence imposed to within the three-year threshold. Where there are several judgments, showing only the shortest sentence is not sufficient either. Final judgments, aggregation decisions and current enforcement records should be examined together.
How are days and hours applied?
In the weekend procedure, the convict enters the institution at 19.00 on Friday and leaves at the same time on Sunday. The law also allows this method to be applied on weekdays, taking into account the convict’s work and family situation and the order and functioning of the institution, provided that the institution preserves the same period. This provision does not mean the convict may choose the days on which to go to the institution. 1
In the night procedure, the convict enters the institution at 19.00 every day except weekends and leaves at 07.00 the following day. Work certificates, shift schedules and transport information are useful for showing that the requested method can be applied. However, the continuity of work does not by itself remove the sentence or offence limits set out in the law.
Enforcement at home by age and status
Current sentence limits
The current thresholds in the second paragraph of Article 110 of the Law are set out below. For age, the relevant age must have been completed. The periods in the table relate to the total prison sentence imposed; other conditions and the exceptions in paragraph nine apply separately. 1
| Personal status | Upper limit of total prison sentence | Main document to be examined |
|---|---|---|
| Woman, child or person who has completed 65 years of age | Three years | Civil registry record, final judgments |
| Person who has completed 70 years of age | Four years | Date of birth and total sentence |
| Person who has completed 75 years of age | Five years | Date of birth and enforcement records |
| Person who has completed 80 years of age | Six years | Date of birth and final judgment |
The age-based request and the request based on serious illness may be made separately. For the application of the second paragraph, it is not correct to treat a report on inability to sustain life alone (yaşamını yalnız sürdürememe raporu) under the third paragraph as a mandatory condition merely because the person is elderly. Nevertheless, the judge may evaluate the features of the file and the feasibility of the method.
Does liability for compensation disappear?
The second paragraph preserves legal liability for compensating damage arising from the offence. An order for enforcement at home does not end the victim’s private-law claim. However, preserving legal liability and making full prior payment of damages a general condition for application are not the same thing. This distinction is also explained in the norm review decision of the Constitutional Court (AYM) examined below. 1 4
Enforcement at home due to serious illness and disability
The separate conditions of the third paragraph
The current third paragraph may cover persons sentenced to imprisonment other than those sentenced to aggravated life imprisonment (ağırlaştırılmış müebbet), and convicts whose judicial fine has been converted into imprisonment during enforcement. Where serious illness or disability makes it impossible for the person to sustain life alone under the conditions of a penal institution, this must be established in accordance with the statutory procedure. In addition, it must be assessed that the convict will not pose a serious and concrete danger to public safety. 1
The 2025 amendment has removed the five-year sentence limit that previously applied in this paragraph. The statement, found in some older internet texts, that “a seriously ill person sentenced to more than five years cannot benefit” therefore cannot be carried over to the current regulation. On the other hand, the removal of that limit does not mean that every illness is sufficient for enforcement at home.
Which question must the report answer?
The law refers to the report procedure in the third paragraph of Article 16. The report of the Council of Forensic Medicine (Adli Tıp Kurumu), or a report prepared by the health board of a fully equipped hospital (tam teşekküllü hastane) designated by the Ministry of Justice and approved by the Council of Forensic Medicine, is important. The name of the illness, the disability rate or a prescription alone do not replace this procedure. 1
The application should explain nutrition, personal care, movement, medication use and the need for continuous assistance. The relationship between the treatment history and the capacity to maintain daily life should be established. An explanation of who will provide care at home, and how, also makes the feasibility of the request visible; no impression should be created that a new condition not found in the law is being introduced.
Supervision and reassessment
Under this paragraph, the Chief Public Prosecutor’s Office (Cumhuriyet başsavcılığı) assesses the situation every year. If improvement is found, the enforcement judge may lift the order for enforcement at home. Monitoring is carried out by the supervised release directorate (denetimli serbestlik müdürlüğü) and the police. Electronic tracking is mandatory for those whose total sentence exceeds ten years. Accordingly, an order for enforcement at home does not create a fixed and unchangeable status in which health conditions will never be re-examined. 1 On this subject, the article on conditions and periods for supervised release may also be read.
How does enforcement at home work after childbirth?
The application window between six months and one year and six months after birth
For women convicts for whom six months have passed since the date of birth, the fourth paragraph is assessed for a total prison sentence of five years or less, or for a judicial fine converted into imprisonment during enforcement. To be able to make a request, one year and six months must not have passed since the birth. If the child dies or is given to someone other than the mother, the order for enforcement at home is lifted. 1
Birth documents, records on the child’s care and current enforcement information should be submitted together. Where enforcement is requested because of pregnancy or birth, deferral under Article 16 and enforcement at home under Article 110 are separate requests. Leaving unclear which legal consequence is sought may cause the file to be assessed on the wrong criteria.
Which offences and enforcement situations fall outside the scope?
Exceptions in the ninth paragraph
Except for the third and fourth paragraphs, special enforcement procedures do not apply to offences of terrorism; to offences of establishing, leading or being a member of an organisation, and offences committed within the scope of organisational activity; and to offences against sexual integrity. Imprisonment converted from a judicial fine, the sentence enforced in full upon revocation of conditional release, and persons sent to an open prison under the sixth or seventh paragraph of Article 105/A are also evaluated under the regulation of the ninth paragraph. 1 For details, see the article on enforcement regimes for terrorism and organised crime.
The reservation of the third and fourth paragraphs is decisive. General statements such as “enforcement at home is never possible for terrorism” or “enforcement at home can never be applied to imprisonment converted from a judicial fine” remove this distinction. A file based on health or birth must be examined on its own special conditions.
As regards repeat-offender status (mükerrirlik), no categorical conclusion may be drawn without looking at the status stated in the judgment and the enforcement regime in force. Conditional-release prohibitions relied on by old decisions and the rules in force after 2025 should not be treated as the same.
Do supervised release and conditional release apply?
The current general rule
Paragraph five of Article 110 of the Law provides that, for those who serve their sentence under the special procedure, both the conditional release and the supervised release provisions apply in accordance with the enforcement regime to which they are subject. The former general description that supervised release does not apply is no longer current. However, the conditions of the relevant institutions must still be met separately; a special enforcement order does not produce an automatic release date. 1 For a detailed explanation, the article on conditions for conditional release is useful.
Termination of the procedure and breach of obligations
A special enforcement procedure may also be decided after enforcement has begun in the penal institution. The judge may decide to end the procedure upon request; if the procedure is not complied with without a valid excuse, the procedure is also terminated. Subsequent enforcement continues in the institution under the general provisions, and the period spent under the special procedure is credited. 1 On this heading, the article on penal limitation and the end of enforcement may also be reviewed.
When the seventh paragraph applies, the provisions of Article 105/A do not apply. Therefore, the idea of “I will move to supervised release anyway” should not lead to a breach of obligations, or to a request to end the procedure, without first examining the legal consequences. Where a compulsory departure for health reasons arises, notification and documentation should not be delayed.
How should the application file be prepared?
The link between judgment, condition, document and request
The application petition should state the date and number of the decision, information on finality, all enforcement judgments, the procedure requested and the paragraph of Article 110 relied on. The home address and contact details must be clear; if there is an earlier refusal and facts that have changed since that decision, these should be explained. The related process is also addressed in the article on conditions for transfer to an open prison.
| Ground relied on | Document to be added to the file | Explanation of the request |
|---|---|---|
| Age or personal status | Civil registry record and final judgments | That the relevant age has been completed and the total sentence is within the threshold |
| Work and family arrangements | Work, shift and care documents | The concrete feasibility of the weekend or night method |
| Serious illness or disability | Report complying with the statutory procedure and treatment records | The relationship between the inability to sustain life alone in the institution and the concrete situation |
| Period after birth | Birth and care records | Suitability of the time of application and of the sentence threshold |
Hypothetically, a 72-year-old convict with a total prison sentence of three years and eight months may fall within the scope of review of the second paragraph in terms of age and amount. However, no conclusion on acceptance can be drawn without looking at the type of offence and the other conditions of scope. For the same sentence, a 66-year-old relying only on age may not be sufficient; any other legal ground, if present, is assessed separately.
Objection to a refusal and continuation of enforcement
Against a decision of the enforcement judgeship, an objection may be made within two weeks from notification under the current Law No. 4675 on Enforcement Judgeships (İnfaz Hâkimliği Kanunu). The decision and the notification must be placed on file, and it must be explained on which factual or legal grounds the reasoning for refusal is wrong. Old descriptions of a seven-day period should not be used for current applications. Making an application does not by itself stop enforcement; where necessary, a request for suspension must be evaluated separately on an applicable legal basis. 2
A real AYM decision: the relationship between compensation and enforcement at home
AYM, E.2006/103, K.2009/149, 5 November 2009
The Constitutional Court (AYM) examined an application for annulment directed at the enforcement-at-home provision as amended by Law No. 5485. The examination addressed the removal of the condition that damage be fully compensated in advance, the preservation of legal liability, and the special regulation for specific age groups. The Court stated that the legislator may make choices on the individualisation of sentences within constitutional limits, and it unanimously rejected the annulment request. 4
The decision is not an individual application decision and does not grant enforcement at home to any particular convict. Its current usefulness lies in separating liability for compensation from the form of enforcement. The age and sentence thresholds of the 2006 period stated in the decision, and the deciding authority, are not the current table for 2026 applications. For present conditions, Article 110 of Law No. 5275 in force must be taken as the basis. 1 4 For a separate assessment, the article on enforcement regulations, the date of the offence and transitional provisions may be consulted.
Conclusion
The success of a special enforcement application cannot rest on a single piece of information about age or the length of the sentence. The applicable paragraph, the total sentence, the exception for offences, the report procedure and the feasible method must be set out together. Current legislation grants important possibilities, but it also clearly determines the consequences of ending the procedure. Preparing the file within this overall framework allows an effective response to the reasons for refusal and prevents assumptions that could cause loss of rights. For detailed information, the article on leave for convicts may be consulted.
Frequently Asked Questions
Can everyone sentenced to three years in prison benefit from weekend enforcement?
No. Besides the total sentence being within the limit, the nature of the offence, the exceptions in the ninth paragraph and the judge’s assessment are important. 1
Must a person be ill in order to benefit from enforcement at home?
No. There are separate paragraphs on age and status, on serious illness or disability, and on the period after birth. Each application is assessed on its own conditions. 1
Does the five-year sentence limit for seriously ill persons still apply?
Under the third paragraph of Article 110 of the Law, the former five-year limit no longer exists after the 2025 amendment. The exception for aggravated life imprisonment, and the conditions relating to the report and to public safety, continue to apply. 1
Can an application be made after entering prison?
Yes. A special enforcement procedure may be decided even after enforcement has begun. Earlier enforcement and current records should be shown in the file. 1
Is enforcement at home carried out with an electronic device?
The method of supervision is determined by the relevant provision and the decision. For health-based enforcement at home under the third paragraph, electronic tracking by device is mandatory for those whose total sentence exceeds ten years. The same method should not be assumed for every file. 1
Does making an application remove the obligation to surrender to prison?
An application alone does not produce such a result. The summons (çağrı), the existing enforcement order and any separately issued suspension order must be examined together. 1 2
Sources and legal bases
- Law No. 5275 on the Enforcement of Criminal Penalties and Security Measures (Ceza ve Güvenlik Tedbirlerinin İnfazı Hakkında Kanun), especially Articles 16, 98, 105/A, 107, 108 and 110; consolidated text including the amendments made by Law No. 7550.
- Law No. 4675 on Enforcement Judgeships (İnfaz Hâkimliği Kanunu), Articles 2 and 4–6; current period for objection.
- Law No. 5271, Code of Criminal Procedure (Ceza Muhakemesi Kanunu), Article 109; judicial control of the prohibition on leaving home.
- AYM, E.2006/103, K.2009/149, 5 November 2009, examination of the merits and outcome; Official Gazette (Resmî Gazete, RG) 21 June 2010, No. 27619. This is a historical norm review decision; the periods it contains were not used as the current rule.