Giriş Tarihi : 27-11-2019 10:20

Mahkum ve tutuklulara genel ve kısmi af

Cumhurbaşkanlığı Sözcüsü İbrahim Kalın, konunun sorulması üzerine yaptığı açıklamada, “Af konusu gündeme gelmedi. Adalet Bakanımızın bugün yaptığı sunumda yoktu. TBMM çatısı altında değerlendirebilirler. Bugün vatandaşın daha etkin ve kısa sürede yargıda netice almasını sağlayacak düzenlemeler gündemdeydi. Emeklilikte yaşa takılanlar da gündeme gelmedi." İfadesinde bulundu.

 Mahkum ve tutuklulara genel ve kısmi af

Yargı Reformu Strateji Belgesi kapsamındaki ilk paket olan 39 maddelik yasa teklifi AKP tarafından TBMM'ye sunulmuş ve Meclis'ten geçmişti.

MHP'nin görüşüne sunulan ikinci yargı paketinin daha sonra diğer partilerin görüşüne de sunulacağı söylendi. Bu pakette AB'nin uzun süredir değiştirilmesini istediği Terörle Mücadele Kanunu'nun "propaganda" başlıklı 7. maddesine, "Haber ve eleştirinin suç oluşturmadığı" düzenlemesi ekleniyor. Ancak buna göre neyin haber, neyin eleştiri olduğuna mahkemeler karar verecek.

Soruşturma aşamasındaki tutukluluk sürelerine sınırlama getiriliyor. Yargıda iki yeni usul de hayata geçiriliyor. Seri Muhakeme Usulü'ne göre, savcı, belli suçlarda sanığa indirim teklif edebilecek. Sanık kabul ederse, dosya savcının belirlediği cezaya göre hemen karara bağlanacak. Basit Yargılama Usulü'yle de asliye ceza mahkemelerine benzer bir yetki tanınacak.

İstinaf mahkemelerinde kesinleşen bazı suçlar yönünden temyiz hakkı da getiriliyor. TMK'daki suçlar da bu kapsamda olduğundan, HDP Eski Eş başkanı Selahattin Demirtaş başta olmak üzere bu suçlardan ceza alanlar, Yargıtay'a başvurabilecek. İtirazları kabul edilirse, Yargıtay dosyaya bakacak. Bu aşamada cezalarının infazı da durdurulabilecek.

KHK ile ihraç edilen ya da idari yaptırımla pasaportları engellenenlerden, hakkındaki ceza infaz edilenler, beraat edenler, takipsizlik alanlar, haklarında soruşturma-dava bulunmayanlar için pasaport alma yolu açılıyor.

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