The 12th Judicial Package Published in the Official Gazette: Key Amendments

The Law No. 7589 on Amending Certain Laws for the Efficient and Effective Operation of the Judiciary ("Law No. 7589"), publicly known as the "12th Judicial Package", was published in the Official Gazette dated 31 July 2026.Law No. 7589 introduces significant amendments across a broad spectrum, ranging from enforcement and sale procedures to administrative jurisdiction procedures, from statutory interest to claims for receivables, and from the deferral of the announcement of the verdict to participation in fraud offenses committed by providing access to bank accounts.

The majority of the provisions introduced by the Law entered into force on 31 July 2026. Certain provisions regarding the electronic sale of assets belonging to restricted persons and remote hearings in civil judicial proceedings shall enter into force on 31 October 2026.

The primary amendments introduced by Law No. 7589 are examined below under distinct headings.

Priority Granted to Heirs in the Sale of Inherited Real Estate

Article 1 of Law No. 7589 amended Article 114 of the Enforcement and Bankruptcy Law No. 2004. Accordingly, in respect of real estate acquired entirely through inheritance and over which no third party other than the heirs holds an ownership right, where a resolution is rendered to dissolve the partnership by way of sale, the first public auction shall be held exclusively among the heir owners. In the first auction among heirs, the bid shall be required to exceed one hundred percent of the appraised value of the real estate. If the sale is not realized in the first auction, the second auction shall be conducted pursuant to general provisions, and third parties may also participate in the bidding. Furthermore, an administrative fine equal to five percent of the offered price shall be imposed on any person who submits the highest bid but fails to deposit the tender price within the stipulated time. Sanctions such as non-refundable security deposits and charging sales expenses to the relevant person shall also remain applicable.

The new provisions shall not apply to public auctions announced prior to the date of entry into force.

Path Cleared for Electronic Transmission of Notary Documents

Article 2 of Law No. 7589 re-regulated Article 55 of the Notary Law No. 1512. Thereby, upon request by courts, magistrate judgeships of peace, Chief Public Prosecutor's Offices, and authorized official departments conducting investigations for a certified copy of a notary document, notary publics may scan the document and transmit it electronically using a secure electronic signature. For these transactions, no fees, taxes, valuable paper costs, or other charges shall be collected, except for postage and specified travel expenses.

The amendment is expected to expedite access to notary documents and reduce time and security issues arising from physical document delivery.

Scope of Cases to be Heard by a Single Judge in Administrative Jurisdiction Expanded

Article 4 of Law No. 7589 amended Article 7 of the Law No. 2576 on the Establishment and Duties of Regional Administrative Courts, Administrative Courts, and Tax Courts. Within this scope, excluding lawsuits filed against regulatory acts, annulment actions and full remedy actions whose subject matter does not exceed 486,000 Turkish Liras shall be adjudicated by a single judge.

Irrespective of the monetary limit, the following disputes shall also, as a rule, be heard by a single judge:

• Lawsuits regarding students' advancement, grade determination, dormitory, loan, scholarship, and specific disciplinary procedures,

• Lawsuits regarding public servants' temporary assignment, travel allowance, public housing, and leave procedures,

• Lawsuits filed against warning penalties issued to public servants,

• Lawsuits regarding professional organization disciplinary sanctions that do not temporarily or permanently bar professional activity,

• Lawsuits arising from legislation governing the 65-year-old pension allowance.

The new jurisdictional rules shall apply to lawsuits filed after 31 July 2026.

Appeal and Supreme Court Review Systems Amended in Administrative Jurisdiction

Articles 5 and 6 of Law No. 7589 amended Articles 45 and 46 of the Administrative Jurisdiction Procedures Law No. 2577. Pursuant to the amendment, if regional administrative courts deem the outcome of the first-instance court decision lawful but find its reasoning erroneous or incomplete, they may reject the appeal application  by modifying the reasoning. Material errors may also be corrected without revoking the judgment. Exhaustive circumstances under which the case file may be remitted to the first-instance court have been enumerated in the law. Regarding deficiencies such as failure to conduct on-site inspection, expert witness examination, or a hearing, the regional administrative court has been empowered to complete the deficiency itself and render a ruling.

The amendment also opened the path for supreme court appeal to the Council of State regarding certain disputes in which the regional administrative court revokes the first-instance decision and renders a new judgment. Nevertheless, specific decisions have been excluded from the scope of supreme court appeal, primarily decisions rendered in single-judge cases, disputes arising from legislation on foreigners and international protection, and decisions solely regarding attorney fees and litigation expenses. The new rules regarding supreme court appeals shall apply to decisions rendered by regional administrative courts after the date of entry into force.

Statutory Interest Rate Tied to a Dynamic System

Article 10 of Law No. 7589 reshaped Article 1 of the Law No. 3095 on Statutory Interest and Default Interest. Within this framework, in cases where interest is payable pursuant to the Turkish Code of Obligations or the Turkish Commercial Code but the interest rate has not been specified by contract, the applicable rate shall be eighty percent of the rediscount rate applied by the Central Bank of the Republic of Turkey to short-term credit transactions on 31 December of the preceding year. Where the rediscount rate on 30 June differs by at least five percentage points from the rate on 31 December of the preceding year, eighty percent of the rate as of 30 June shall apply in the second half of the year.

Consequently, statutory interest has been linked to a system capable of being updated twice a year, reflecting changes in market conditions to a certain degree, rather than remaining a fixed rate. The amendment holds particular importance for commercial receivables, compensation claims, and debtor-creditor relationships where the interest rate is not explicitly agreed upon in contracts.

Penalty Reduction Introduced for Individuals Allowing Use of Their Bank Accounts or Payment Instruments

Article 13 of Law No. 7589 added a fourth paragraph to Article 158 of the Turkish Penal Code No. 5237, which regulates the offense of aggravated fraud. Accordingly, if a person's participation in fraud offenses regulated under Articles 157 or 158 of the Turkish Penal Code consists solely of providing another party with:

• Payment instruments such as bank cards or credit cards,

• Information or tools enabling the use of an account held with a bank, brokerage house, payment service provider, or crypto asset service provider,

the penalty to be imposed shall be reduced by half.

The amendment does not grant impunity or a general amnesty for individuals publicly referred to as "IBAN victims." To benefit from the reduction, the person's participation in the crime must remain limited solely to making the account or payment instrument available for use.

Case files of defendants whose cases are currently under appellate or supreme court review and fall within the scope of the new provision shall be remitted to the first-instance court. Specific individuals whose convictions have become final and reached the execution stage may benefit from the active repentance provisions regulated under Article 168 of the Turkish Penal Code, provided that they fully remedy the victim's loss within six months following the court's notice.

Deferral of the Announcement of the Verdict Amended

Article 15 of Law No. 7589 amended paragraphs five through fourteen of Article 231 of the Code of Criminal Procedure No. 5271 concerning the deferral of the announcement of the verdict (HAGB). Within this scope, where a sentence of imprisonment for two years or less or a judicial fine is imposed on the defendant, a HAGB decision may be rendered provided that the following conditions are cumulatively met:

• The defendant has not previously been convicted of an intentional crime,

• The court forms the conviction that the defendant will not commit a crime again,

• The damage suffered by the victim or the public due to the crime is fully indemnified.

The defendant shall be subject to probation for a period of five years, during which the statute of limitations for the lawsuit shall be suspended. An appeal may be filed against HAGB decisions; in the appellate review, the decision may be examined both procedurally and substantively.

HAGB shall not be applicable to crimes of torture and torment, as well as crimes committed by public officials due to their duties that may be evaluated as ill-treatment within the scope of Article 17 of the Constitution.

Storage and Destruction of Molecular Genetic Examination Data Regulated

Article 14 of Law No. 7589 amended Article 80 of the Code of Criminal Procedure No. 5271, which regulates the results of molecular genetic examinations. The amendment stipulates that the results of molecular genetic examinations obtained in criminal investigations and prosecutions shall be anonymized from identity information and recorded in a specialized system. Accordingly, upon finalization of decisions of non-prosecution, acquittal, or no grounds for penalty, the data shall be destroyed immediately. In other cases, they shall be destroyed in the presence of the Public Prosecutor twenty years after the finalization of the court decision.

The data subject may request the judge or court to delete the data if the purpose requiring the storage of data ceases to exist or if a justified reason exists.

Details regarding the creation, storage, use, and destruction of records shall be determined by a regulation to be jointly issued by the Ministry of Justice and the Ministry of Interior.

Provision Regarding Uninstantiated Claims Abolished, Partial Lawsuit Reshaped

Article 19 of Law No. 7589 repealed Article 107 of the Code of Civil Procedure No. 6100, which regulated uninstantiated claim actions. Meanwhile, Article 20 of the Law added a fourth paragraph to Article 109 of the Code of Civil Procedure, which regulates partial lawsuits. Under the new mechanism, in partial lawsuits where only a portion of the claim is litigated, the plaintiff is granted the opportunity to increase their demand once until the end of the examination phase without being subject to the prohibition on expanding the claim. Regarding the increased portion, the statute of limitations shall also be deemed interrupted from the date the lawsuit was filed.

For uninstantiated claim actions filed prior to 31 July 2026, repealed Article 107 of the Code of Civil Procedure shall continue to apply. In the new period, litigation strategy will need to be re-evaluated regarding filing claims as partial lawsuits, determining the prayer for relief, and timing the demand increase.

Stipulated That the Period Between Hearings in Civil Litigation Shall Not, as a Rule, Exceed Three Months

Article 21 of Law No. 7589 added a third paragraph to Article 147 of the Code of Civil Procedure No. 6100, which regulates proceedings following the preliminary examination hearing. It has been amended that the period between two hearings in civil proceedings may not exceed three months. In cases where the expert examination is prolonged, procedures are conducted via letters rogatory, or another necessity arising from the nature of the case exists, the judge may determine a longer period by stating the grounds therefor.

The amendment aims to prevent the unnecessary prolongation of proceedings and to ensure more effective case management.

Handwritten Signature Requirement Restricted in Remote Hearings

Article 22 of Law No. 7589 added a fourth paragraph to Article 149 of the Code of Civil Procedure No. 6100, which regulates hearings conducted via audio and video transmission. Accordingly, provisions regarding handwritten signatures shall not, as a rule, apply to persons participating in hearings via audio and video transmission. However, the signature requirement shall persist for transactions directly affecting party intent and the outcome of the dispute, such as admission, oath, waiver of lawsuit, acceptance of lawsuit, consent to withdrawal of lawsuit, and settlement as specified under sub-clause (ç) of the third paragraph of Article 154 of the Code of Civil Procedure.

This amendment shall enter into force three months after the publication of the Law, on 31 October 2026.

Interest Commencement Date Changed for Loss of Support and Loss of Working Capacity Damages

Article 18 of Law No. 7589 added new paragraphs to Article 55 of the Turkish Code of Obligations No. 6098, which regulates the determination of bodily damages. In line with this, the interest commencement date for damages claimed due to loss or reduction of working capacity and loss of support has been differentiated according to the period for which the damage is calculated. Statutory interest shall apply from the date of the tortious act or damage-causing event for compensation regarding the period where the income of the injured party or supporter is known; and from the date of the court decision for compensation regarding the future period where the income is not yet known. Payments made for performance purposes until the examination phase commences shall also be proportionally set off against the compensation amount as of the payment date.

The new provisions shall apply solely to tortious acts and damage-causing events occurring after 31 July 2026.

Other Important Amendments

The Law No. 7589 furthermore amends:

• Selling movables and immovables belonging to restricted persons by public auction on the electronic sales portal integrated with UYAP and requiring the guardianship authority to approve the tender within ten days, through amendments made to Articles 440 and 444 of the Turkish Civil Code No. 4721,

  
  

• Imposing a warning penalty on judges and prosecutors who unnecessarily consult expert witnesses on a matter that can be resolved through professional legal knowledge, through the amendment made to Article 63 of the Judges and Prosecutors Law No. 2802,

  
  

• Determining the term of office for the presidents and members of forensic medicine specialization boards, forensic medicine group presidents, and heads of forensic medicine specialization departments as four years, through the re-regulation of repealed Article 26 of Law No. 2659 on Certain Regulations Regarding the Council of Forensic Medicine,

  
  

• Granting the right to request a retrial under specific conditions to a fugitive defendant or their defense counsel against whom a security measure has been ruled, through the amendment made to Article 247 of the Code of Criminal Procedure No. 5271,

  
  

• Determining the period for the Chief Public Prosecutor of the Court of Cassation to object to decisions of the criminal chambers as three months from the delivery of the case file to them, with no time limit for objections made in favor of the defendant, through the amendment made to Article 308 of the Code of Criminal Procedure,

  
  

• Extending the transition period regarding the existing chamber structure of the Council of State until 23 July 2030, through the amendment made to Provisional Article 27 of the Law on the Council of State No. 2575.

Conclusion

The 12th Judicial Package introduces significant and comprehensive amendments in terms of private law, criminal law, administrative jurisdiction, enforcement law, and legal remedies.

Matters such as the abolition of uninstantiated claim actions, the changes to demand increases in partial lawsuits, tying statutory interest to a variable system, and expanding the cases to be heard by a single judge in administrative jurisdiction stand among the topics that require careful evaluation in pending and prospective cases.

It is of importance for legal practitioners to separately take into consideration the transitional provisions of the Law and the effective dates stipulated for different articles according to the specific characteristics of each case file.