As we have clearly stated above, the term disgraceful crime has been categorized by special laws, by counting. For this reason, it is not possible to comment on whether any crime falls under the category of disgraceful crime. According to the law to which you will be subjected and if some crimes are listed with the concept of disgrace, it can be determined whether a crime is disgraceful or not.
The concept of disgraceful crime actually appears as a crime classification. The concept of disgraceful crime was included in the 68th article of the 1961 Constitution for the first time, and after that, this term began to be used in the 1982 Constitution and other laws. In cases that are not generally counted or exemplified in the laws, whether the crime is disgraceful or not is left to the discretion of the relevant authorities.
The Civil Servants Law No. 657 regulates the conditions sought for entry into civil service. These conditions are listed in article 48. One of the conditions sought according to the relevant article;
“Even if the periods specified in Article 53 of the Turkish Penal Code have passed; crimes against the security of the state, even if pardoned or imprisoned for one year or more for an intentionally committed crime, crimes against the constitutional order and the functioning of this order, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent not to be convicted of bankruptcy, bid rigging, rigging the performance of the performance, laundering the property values arising from crime or smuggling”.
The crimes preventing the civil service, which are also described as disgraceful crimes, are regulated in a limited number in Article 48/5 of the Civil Servants Law No. 657. The listed crimes are as follows;
- Offenses Against the Constitutional Order and Its Functioning
- Tender Rigging
- Misconduct in the Performance of the Deed
- Laundering of Criminal Assets
- Smuggling Offenses
- Theft Crime
- Fraud Crime
- Abuse of Trust Crime
- Bribery Crime
- embezzlement crime
- Embezzlement
- Fraudulent bankruptcy
- Criminal Forgery of Private Document
- Offense of Forgery of Official Document
- Money Forgery Crime
- Forgery of Precious Stamp
- Seal Forgery Crime
- If, after being appointed to the civil service, it is understood that he committed the above-mentioned crimes before being a civil servant, or if the person commits any of the crimes in Article 48 while he is a civil servant, his employment is terminated. The person must meet the conditions set in Article 48 of the Civil Servants Law No. 657 during the civil service period. If any of the crimes listed in Article 48 are committed, he loses his qualifications as a civil servant and if he is a civil servant, his employment is terminated and dismissed.
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