What is Execution of Sentence in Criminal Law? How is Prison Sentence Length Calculated?

 

The branch of law that regulates the process of executing sentences after convictions handed down by criminal courts become final is called execution law. The concept commonly known as "sentence served" refers to the net amount of time a convict will actually spend in prison.

 

Since the penal regime varies significantly depending on the nature of the crime and the date it was committed, accurately calculating the length of imprisonment is a vital matter directly related to individual liberty.

 

1. Key Criteria for Determining Hospital Stay Length

 

Instead of using a static formula to calculate the length of time a person will spend in prison, all the legal variables of the specific case are analyzed:

• Type of Crime and Sentence Rate: The legislator has determined different sentence rates (e.g., 1/2, 2/3, 3/4) according to the type of crime. The rates for ordinary crimes, terrorist crimes, organized crimes, or repeat offenders are completely different from each other.

• Date of Crime: In Turkey, penal legislation is frequently updated through legislative packages (e.g., Law No. 7242). Identifying the favorable legal provisions in effect at the time the crime was committed forms the basis of the calculation.

• Conditional Release: This is a system that allows a convict to serve the remainder of their sentence outside of prison if they have completed their time in prison with good behavior.

• Probation: This is a system that allows for the early release of a convict who has a certain period remaining until their conditional release date, by monitoring their social life.

 

2. What is a Term Decree?

When a sentence is finalized and the execution phase begins, the Public Prosecutor's Office prepares a document showing the convict's entry and exit dates from prison, as well as the dates of release on parole or conditional release. This document is called a sentence record. Since even the slightest calculation error in this record can cause the individual to spend more time in prison, it must be reviewed by a specialist criminal defense lawyer.

 

3. What is the Collection of Sentences (Aggregation of Punishments)?

If a person has multiple finalized sentences, the process of combining these sentences into a single sentence under the rules of execution law is called aggregation. The aggregation of sentences directly affects the duration of probation and transfer to an open prison.

 

4. Tanyeri Law & Consulting Approach

Criminal law and penal execution is our most sensitive area of expertise, one that does not tolerate error and directly concerns human liberty. At Tanyeri Law, we combine our 37 years of extensive experience in criminal cases, inherited from our founder, with our academic depth in public law. With our professional team of 4 lawyers, we meticulously follow the execution processes of finalized sentences, the accuracy of sentence calculations, and the rights of transfer to open prisons and supervised release. We proactively manage the dynamics of penal execution law to prevent loss of rights and ensure a transparent process.

 

Note: The calculation tool above provides an estimated "sentence length" based on the sentence amount you enter and general execution rates. However, Turkish Penal Code is subject to dozens of sub-rules, including legal exceptions at the time the crime was committed, recidivism, age of minority, good conduct assessments, and disciplinary penalties. To determine the correct release date and avoid any loss of rights, it is strongly recommended that you seek professional legal assistance.