Law No. 7589 on “the Amendment of Certain Laws for the Effective and Efficient Functioning of the Judiciary”, commonly referred to as the 12th Judicial Reform Package, was published in the Official Gazette dated 31 July 2026 and numbered 33326!
Recent Development
Law No. 7589 on the Amendment of Certain Laws for the Effective and Efficient Functioning of the Judiciary, published in the Official Gazette dated 31 July 2026 and numbered 33326 (the “12th Judicial Reform Package”), introduced significant amendments to various laws. You may access the 12th Judicial Reform Package here.
The 12th Judicial Reform Package introduced amendments to various pieces of legislation, and this Legal Alert summarizes some of the key amendments.
Among the amendments discussed below, the amendments to Article 149 of the Code of Civil Procedure No. 6100 (the “CCP”) will enter into force three months after its publication, while the other amendments entered into force on the publication date.
Amendments to the Code of Civil Procedure
The 12th Judicial Reform Package introduced significant amendments to the CCP.
Amendments Concerning Unquantified Receivable Actions and Partial Actions
The 12th Judicial Reform Package provides for the repeal of Article 107 of the CCP, thereby abolishing the unquantified receivable action, which had been part of Turkish law since 2011. Accordingly, as of 31 July 2026, the effective date of the law, it will no longer be possible to file an unquantified receivable action. In actions filed before the effective date, the provisions governing unquantified receivable actions will continue to apply.
In parallel with this amendment, an addition was made to Article 109 of the CCP, which governs partial actions, allowing claimants in partial actions to increase their claims once, until the conclusion of the examination phase, without being subject to the prohibition on expanding claims. Accordingly, the statute of limitations will be deemed to have been interrupted as of the filing date also for the increased portion.
Amendments Concerning Hearings
With the amendment made to Article 147 of the CCP under the 12th Judicial Reform Package, it is provided that, as a rule, the interval between hearings may not exceed three months. Mandatory circumstances, such as prolonged expert examination or the conduct of examination proceedings through letters rogatory, constitute exceptions to this rule. Accordingly, except in mandatory circumstances where the judge expressly states the reasons for setting a longer period, the interval between hearings may not exceed three months.
The 12th Judicial Reform Package also provides that the provisions concerning wet signatures will not apply to participants attending hearings remotely (e-hearings), except in cases of admission, oath, consent to withdrawal of the action, waiver of the action, acceptance of the action, and settlement. Thus, attendance at preliminary examination hearings by way of e-hearings has been made possible. This amendment will enter into force as of 31 October 2026.
Amendment Concerning Consolidation of Actions
Another significant amendment introduced by the 12th Judicial Reform Package concerns the consolidation of actions. Prior to the amendment, the court hearing the first action was directly bound by the consolidation decision rendered by the court before which the second action was filed. However, pursuant to the amendment made to Article 166 of the CCP, the court hearing the first action will be bound by the consolidation decision only after such decision becomes final.
In addition, while decisions of first instance courts on consolidation and separation could previously be appealed only together with the final judgment, the amendment made to Article 168 of the CCP introduces the possibility of filing an appeal against consolidation decisions rendered by first instance courts in respect of actions pending before civil courts of the same level and designation within the same judicial district. The rule allowing legal remedies to be pursued together with the final judgment is preserved in relation to separation decisions rendered by first instance courts and consolidation and separation decisions rendered by regional courts of appeal.
Amendment Concerning the Monetary Threshold for Cassation Appeals
The 12th Judicial Reform Package introduced new monetary criteria for cassation appeals against decisions of regional courts of appeal. Under the amendment to Article 362 of the CCP, where, upon its review, the regional court of appeal partially or fully accepts the appeal and renders a new decision on the merits, such decision may be subject to cassation appeal if the portion granted or dismissed exceeds, in terms of amount or value, the monetary threshold prescribed for appeals to the regional court of appeal under Article 341/2 of the CCP (TRY 50,000 for 2026).
Furthermore, the 12th Judicial Reform Package narrows the availability of cassation appeals against certain decisions rendered by regional courts of appeal on the merits. Accordingly, in disputes falling below the cassation threshold, a cassation appeal may not be filed where the difference between the regional court of appeal decision and the first instance court decision does not exceed the monetary threshold prescribed for appeals to the regional court of appeal, or where the decision relates solely to litigation costs or attorney fees.
Amendments to the Turkish Criminal Code
The 12th Judicial Reform Package introduced a specific provision under the Turkish Criminal Code No. 5237 (“TCC“) providing for a reduction in the penalties imposed on individuals participating in fraud offences.
Pursuant to the paragraph added to Article 158 of the TCC, where participation in the fraud offences regulated under Articles 157 and 158 of the TCC is limited to providing another person with payment instruments such as bank or credit cards, or information or tools required to access an account held with a bank, brokerage firm, payment service provider, or crypto asset service provider, for the purpose of obtaining an unlawful benefit for oneself or another, the penalty to be imposed will be reduced by half.
In addition to this regulation, pursuant to Provisional Article 1 included in the 12th Judicial Reform Package, for files to which this regulation may apply, cases pending before appellate review will be remitted to the first instance court upon a reversal decision; and, for certain convicted persons at the enforcement stage, it is envisaged that they may benefit from effective remorse provisions if the victim’s loss is fully compensated within six months.
Amendments to the Criminal Procedure Code
The 12th Judicial Reform Package introduced various amendments to the Criminal Procedure Code No. 5271 (the “CPC”). Certain of these amendments are summarized below:
- By its decision dated 10 July 2025 and numbered 2024/98 E., 2025/149 K., the Constitutional Court annulled paragraphs 5 to 14 of Article 231 of the CPC, titled “Pronouncement of the judgment and deferment of the pronouncement of the judgment”, and ruled that the annulment would enter into force on 30 September 2026. However, before the annulment entered into force, paragraphs 5 to 14 of Article 231 were re-enacted by the 12th Judicial Reform Package. In this context, while paragraphs 5 to 13 were preserved verbatim, it was provided that the provisions on deferment of the pronouncement of the judgment would not apply to the offences of torture and torment, or to offences committed by public officials by reason of their duty that may be considered ill-treatment within the scope of Article 17 of the Constitution.
- With the amendment made to Article 247 of the CPC, where a security measure is ordered in respect of a fugitive defendant, the fugitive defendant or defence counsel may request a retrial by stating that they wish to exercise the right of defence.
Amendments to the Turkish Code of Obligations
With the additions made to Article 55 of the Turkish Code of Obligations No. 6098 (the “TCO”) under the 12th Judicial Reform Package, it is envisaged that the date from which interest accrues in compensation for bodily injury and loss of support will be determined, for the period in which the income of the injured person or the supporting person is known, based on the date of the tort or the event causing the damage, and, for the period in which such income is unknown, based on the date of the decision. Rules have also been introduced regarding the proportional deduction from compensation of payments made for the purpose of performance before the examination phase.
Amendments to the Enforcement and Bankruptcy Law
The 12th Judicial Reform Package introduced significant amendments to the Enforcement and Bankruptcy Law No. 2004 (the “EBL”) concerning the electronic auction procedure and the dissolution of co-ownership through sale.
With the amendments to paragraphs 2 and 7 of Article 114 of the EBL, where the dissolution of co-ownership through sale is ordered in respect of immovable properties acquired by all owners through inheritance and over which no third parties other than the heirs hold ownership rights, the first auction will be conducted only among the heirs who hold the capacity of owners. This special auction procedure will apply only once; in such case, bids in the first auction must cover 100% of the appraised value, while bids in the second auction must, in line with the general rules, cover 50% of the appraised value and the relevant expenses.
Furthermore, it is stipulated that a creditor requesting the sale who wishes to participate in the auction will not be required to provide security to the extent that their receivable covers the security, provided that they apply to the enforcement office by the end of business on the business day preceding the end of the auction period; and that the Treasury will be exempt from providing security in auctions. The 12th Judicial Reform Package also introduced regulations concerning the sanctions to be applied in the event that the auction price is not paid.
Amendment to the Law on Statutory Interest and Default Interest
Another significant amendment introduced by the 12th Judicial Reform Package concerns the determination of the statutory interest rate. Pursuant to the regulation, the annual interest rate applicable in cases where interest must be paid under the TCO and the TCC will be determined as 80% of the rediscount rate applied by the Central Bank of the Republic of Türkiye to short-term credit transactions on 31 December of the preceding year. In addition, if the relevant rediscount rate changes by five points or more during the year, the rate determined as of 30 June will apply for the second half of the year.
Law on Judges and Prosecutors
With the subparagraph added to Article 63/2 of the Law on Judges and Prosecutors No. 2802 under the 12th Judicial Reform Package, it is provided that judges and prosecutors will be subject to a warning sanction if they refer matters that can be resolved through the legal knowledge to an expert.
Conclusion
The 12th Judicial Reform Package introduced significant amendments to numerous laws; while clarifying certain matters that have given rise to uncertainty and debate in practice, it also introduced new regulations aimed at ensuring that judicial proceedings are conducted more effectively and efficiently. The amendments are expected to have significant practical implications, particularly those affecting procedural rules governing civil, administrative and criminal proceedings, as well as the rules governing appellate review.
