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On Wednesday, the implementation of the Criminal Amnesty will begin, which will benefit 1,100 people sentenced to imprisonment, of which 700 will be released immediately, while another 400 will benefit from a reduced sentence. Also, 2,700 people on probation benefit from the amnesty.
According to the law revealed in the official notebook, this amnesty will benefit the persons whose sentence has been finalized until March 31, 2024. The convicts who have served less than 4 years and the wives of minors will benefit that they have 5 years left. Women who are over 50 years old, men over 60 years old and people who were under 18 years old when they received the sentence benefit.
The amnesty extends its effects to only 5% of the criminal offenses under the Criminal Code, while 95% of the other offenses will not be affected by the amnesty. The sentence can be reduced to 1.5 years for men and 2 years for women as a mitigating measure. For light criminal offences, the amnesty is extended only for the criminal misdemeanor which is 2 years. With this amnesty, all charges for certain types of criminal offenses committed during gatherings and demonstrations held until March 31, 2024 will be excluded from criminal prosecution. 11 women and 11 minors will benefit from the amnesty and they will be released immediately.
According to the law, the following are excluded from serving the sentence: Male persons, convicted by a final court decision, with imprisonment of up to 4 years or any other type of milder punishment, including a fine or one of the types of alternatives to imprisonment, for sentences given until 31.3.2024, regardless of the remaining time of the sentence; Female persons, convicted by a final court decision, with imprisonment of up to 5 years or any other type of milder punishment, including a fine or one of the types of alternatives to imprisonment, for punishments given until 31.3. 2024, regardless of the time remaining on the sentence; Male persons, sentenced to imprisonment, who, until the date of entry into force of this law, have not served this sentence for up to 4 years; female persons, sentenced to imprisonment, who, until the date of entry into force of this law, have not suffered from this sentence for up to 5 years; male convicted persons, who on the date of entry into force of this law are equal to or over the age of 60; female convicted persons, who are 50 years of age or older on the date of entry into force of this law; persons sentenced to imprisonment, who at the time of committing the criminal offense were equal to or under the age of 18.
Persons convicted of criminal offenses committed during gatherings and demonstrations held until 31.3.2024, regardless of the date of their registration, are exempt from serving the sentence, regardless of the amount of the sentence.
In the meantime, the following are not exempted from serving the sentence: Convicted persons whose criminal charges have been judged by the Court against Corruption and Organized Crime. Likewise, persons who evaded justice do not benefit from the amnesty.
Prohibitory criteria for benefiting from amnesty: Persons convicted of: crimes against humanity are not excluded from serving the sentence; crimes against life; criminal acts committed intentionally against health, sexual crimes; criminal offense against the freedom of the person; criminal offense against morality and dignity; criminal offenses against children, marriage and family; criminal offenses against property and in the economic sphere, criminal offenses against forgery of documents; criminal offenses that violate the legal regime of land and constructions; criminal offense against the environment; crimes against independence and constitutional order; crimes that affect relations with other states; crimes against state authority; criminal offense against justice; criminal offenses affecting free elections and the democratic election system; criminal offenses committed by armed gangs and criminal organizations; acts with terrorist intent.
The law also specifies the criteria for benefiting from amnesty from the reduction of the sentence. From this point of the law, women and minors benefit from a 2-year prison sentence reduction from the remaining sentence; and 1 year and a half of the remaining sentence for men. This point benefits all convicted persons, who do not meet the criteria to be exempted from serving the sentence, or, although they meet the criteria for benefiting from amnesty according to this article, are not exempted from serving the sentence due to the exclusionary criteria .
Regardless of the provisions above, the following persons sentenced to imprisonment for the criminal offenses provided for in articles 79, 79/a, 79/b and 79/c of the Penal Code do not benefit from a reduction of the sentence: Persons sentenced to life imprisonment; Convicted persons whose criminal charges have been tried by the Court against Corruption and Organized Crime. Persons who have evaded justice do not benefit from the reduction of the sentence.
According to the law, all persons who have criminal cases under investigation, cases that have not been examined or are in the process of being examined by the courts, as well as the reports that are in these bodies, regardless of the date of their registration, for criminal offenses committed up to on 31.3.2024, for which the Criminal Code and the Military Criminal Code provide for a prison sentence of up to 2 years or any other milder punishment, with the exception of the offenses provided for by articles 91, 96, in paragraph second paragraph of Article 112, in Articles 119, 119/a, 119/b, 120, 121, 122, in the first paragraph of Article 124/b, in Articles 125, 127, 204, 205, 206, 207, in paragraph first of article 257/a, in articles 269 and 318 of the Criminal Code.".
Excluded from criminal prosecution are all persons who have criminal cases under investigation, cases not examined or in the process of examination by the courts, as well as reports that are in the relevant bodies, for criminal offenses committed during gatherings and demonstrations held until 31.3.2024 , regardless of the date of their registration, provided by articles 150, the first paragraph of article 151, the first paragraph of article 235, the first paragraph of article 236, the first paragraph of article 237, the first paragraph of article 282, article 293 and article 325 of the Criminal Code.
People who evaded justice do not benefit. Subjects that have the obligation to declare according to law no. 9049, dated 10.4.2003, "On the declaration and control of the assets, financial obligations of elected officials and some public servants", as well as the special subjects, the criminal charges against which are judged by the Court against Corruption and Organized Crime according to the provisions of the letters "b", "c" and "ç", of Article 75/a of the Code of Criminal Procedure.
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