Postponement of Criminal Sentence Execution: Conditions, Procedures, and Key Legal Considerations

In Turkish criminal enforcement law, individuals who have received a final prison sentence may, under certain conditions, request a postponement of execution. This legal remedy—commonly referred to as “infazın ertelenmesi” in Turkish—allows a convicted person to delay entering prison due to specific health, social, or legal reasons.

In this article, we examine the statutory basis, procedural requirements, limitations, and practical aspects of filing a request for postponement of sentence execution under Turkish law.

1. Legal Framework: Articles 16 and 17 of the Law on the Execution of Penal and Security Measures (CGTİHK)

a. Postponement Due to Medical Conditions (Article 16)

Pursuant to Article 16 of Law No. 5275:

• If the convict is diagnosed with a mental illness, the execution of the sentence may be suspended until recovery.
• In cases where the convict suffers from a serious illness or disability that makes it impossible to survive in prison conditions, execution may be postponed based on a report by the Forensic Medicine Institute (Adli Tıp Kurumu).
• Pregnant women and those in the postnatal period are also eligible for postponement.

b. Postponement Upon the Convict’s Request (Article 17)

• The convict may file a request for postponement due to education, family obligations, or pressing personal reasons.
• This option is available for sentences of up to 3 years for intentional crimes and 5 years for negligent crimes.
• The postponement is granted in one-year increments, up to a maximum of 2 years in total.
• Postponement is not available for those convicted of terror crimes, sexual offenses, or under recidivist sentencing regimes.

2. Application Procedure

• The request must be submitted in writing to the Chief Public Prosecutor’s Office (specifically, the Enforcement Prosecutor) in the location where the sentence is to be executed.
• The convict must voluntarily respond to the enforcement summons; an existing arrest warrant disqualifies the applicant.
• The written application should include:
  • A certified copy of the judgment,
  • Relevant medical reports (if applicable),
  • Documentation of family or social obligations.

3. Assessment and Decision

• The Prosecutor’s Office reviews the application and, where applicable, requests a medical evaluation by the Forensic Medicine Institute.
• If accepted, the enforcement of the prison sentence is suspended for the specified period.
• If rejected, the applicant may file a complaint before the Enforcement Judge; this is not an appeal but an administrative review.

4. Obligations During the Postponement Period

• The convict must not commit another intentional crime during the postponement period; otherwise, the decision is revoked.
• If the convict fails to surrender after the deadline, a warrant for arrest is issued.
• The Prosecutor’s Office may require the convict to provide a financial guarantee (such as payment to the tax authority).

5. Common Mistakes in Practice

• Applying while an active arrest warrant is in effect leads to automatic rejection.
• Submitting incomplete or non-forensic medical documentation weakens the application.
• If the conviction exceeds the statutory sentence limits (e.g., more than 3 years for intentional crimes), the request will be denied.
• Applications without clear reasoning and supporting documents are often rejected.

Postponement of sentence execution does not eliminate the punishment but allows convicts to preserve their health, fulfill social obligations, or respond to life emergencies before incarceration. However, this right can only be used if the legal conditions are strictly met and the application is properly prepared.

At Türeli&Ceylan Law Firm, we provide legal consultancy and representation in all stages of the postponement process, including document preparation, application submission, and follow-up before enforcement authorities.