The 12th Judicial Reform Package Published in the Official Gazette

The Law Amending Certain Laws to Ensure the Effective and Efficient Functioning of the Judiciary, commonly known as the “12th Judicial Reform Package” (the “Law”), was published in the Official Gazette dated July 31, 2026. The Law introduces significant amendments in various areas of civil and criminal legislation to enhance the effectiveness and efficiency of judicial proceedings.

1. Key Amendments to Enforcement and Bankruptcy Law No. 2004 (“EBL”) and Code of Civil Procedure No. 6100 (“CCP”)

• Under the amendment to Article 114/2 of the EBL, where an immovable property has been acquired by inheritance and no third party holds a share in the property, the first auction will be conducted exclusively among the heirs.

  
  

• Article 107 of the CCP has been repealed, thereby abolishing the concept of an action for an unquantified claim.

  
  

• Under the provision added to Article 109 of the CCP, in a partial action, the claimant may increase the amount claimed once, until the end of the evidentiary stage, without exercising the right to amend the pleadings. For the increased portion, the limitation period will be deemed to have been interrupted as of the date on which the action was originally filed.

  
  

• Under the provision added to Article 147 of the CCP, the interval between hearings may not, as a rule, exceed three months.

  
  

• Under Article 149 of the CCP, in hearings conducted through the Audio and Video Information System (SEGBİS), the handwritten-signature requirement has been abolished, except for statements producing legal consequences, such as admissions, oaths, waivers, acceptances and settlements. This provision will enter into force three years after its publication and is intended to reduce bureaucracy in electronic hearings.

  
  

• Under the amendment to Article 166 of the CCP, the court before which the first action was filed will be bound by the consolidation order once that order becomes final.

  
  

• Under Article 168 of the CCP, consolidation orders concerning cases pending before civil courts of the same level and type within the same judicial district may only be challenged by way of an appeal before the regional court of appeal.

  
  

• Under the provision added to Article 362 of the CCP, decisions of a regional court of appeal allowing an appeal and rendering a new decision on the merits will be subject to appeal before the Court of Cassation only where the monetary threshold prescribed under the CCP is met.

  
  

• Under Article 371 of the CCP, the Court of Cassation may no longer reverse first-instance court decisions solely on the grounds of lack of subject-matter or territorial jurisdiction.

2. Key Amendments to Turkish Penal Code No. 5237 (“TPC”) and Code of Criminal Procedure No. 5271 (“CPC”)

• Under the amendment to Article 158 of the TPC, where a person’s participation in fraud is limited to allowing another person to use their bank, payment or crypto-asset account, and they are not involved in any other stage of the offence, their sentence will be reduced by half. Previously, no specific reduction applied and the general rules on complicity governed.

  
  

• Under the amendment to Article 80 of the CPC, biological samples obtained through genetic examination may be retained in a dedicated system and, subject to certain conditions, used in subsequent investigations and prosecutions. Previously, such data could not be used for any other purpose. As a rule, the data may now be retained for 20 years following the final judgment.

  
  

• The scope of deferred announcement of the verdict (“HAGB”) under Article 231 of the CPC has been narrowed. HAGB will no longer apply to torture and aggravated torture committed by public officials, or to ill-treatment offences under Article 17 of the Law on the Execution of Sentences and Security Measures.

• The Law expressly provides that a fugitive defendant may not be convicted unless examined by the court. The defendant may also request an acquittal during the trial or retrial.

3. Two Key Amendments on Interest and Compensation

• Where interest is payable under the Turkish Code of Obligations or the Turkish Commercial Code but the applicable rate has not been agreed, the annual statutory interest rate will be determined based on 80% of the rediscount rate applied by the Central Bank of the Republic of Türkiye to short-term advances as of December 31 of the preceding year.

  
  

• Under the amendment to Article 55 of the Turkish Code of Obligations, default interest on compensation for loss of support and bodily injury will accrue from the date on which the nonperiodic payment falls due. For tortious acts, interest will accrue from the date of the event; where the damage becomes ascertainable later, it will accrue from the date of notification. This amendment will apply only to compensation claims arising from torts committed after its entry into force.

4. Conclusion

Unlike previous reform packages focused primarily on criminal law, the Law seeks to improve the effectiveness and predictability of civil procedure. Its amendments concerning litigation, statutory interest and compensation address several long-standing practical issues. Once implemented, the reforms are expected to significantly affect both court practice and access to justice.