What is the Restoration of Forbidden/Prohibited Rights?What is the Restoration of Forbidden/Prohibited Rights?
The restitution of satisfied rights, in other words, the restitution of prohibited rights, is a criminal law institution that eliminates the prohibitions imposed by laws other than the Turkish Criminal Code due to a conviction of a convicted person.
The Turkish Penal Code No. 5237, which is in force, states that with the execution of the sentence, a person will also regain all prohibited rights. However, some special laws other than the Turkish Penal Code contain provisions that prevent the convicted person from exercising certain rights due to the conviction.he Turkish Penal Code No. 5237, which is in force, states that with the execution of the sentence, a person will also regain all prohibited rights. However, some special laws other than the Turkish Penal Code contain provisions that prevent the convicted person from exercising certain rights due to the conviction. For example, although the convict’s sentence has been executed according to the Turkish Penal Code, it is prohibited for him to perform professions such as lawyer, deputy, financial advisor, civil servant by the special laws of the relevant professions. In order to get rid of this state of prohibition, the convict must also apply to the court and take a decision on the restitution of satisfied rights (restitution of prohibited rights).In order to get rid of this state of prohibition, the convict must also apply to the court and take a decision on the restitution of satisfied rights (restitution of prohibited rights).
In short, the restitution of satisfied rights has been arranged in order to eliminate tIn order to get rid of this state of prohibition, the convict must also apply to the court and take a decision on the restitution of satisfied rights (restitution of prohibited rights).
In short, the restitution of satisfied rights has been arranged in order to eliminate the negative consequences associated with criminal convictions by laws other than the Turkish Penal Code.
Conditions for Restitution of Satisfied Rights (Restitution of Prohibited Rights)
In accordance with Article 13 / A added to the Dec. 5352 Law on Judicial Registration, it is mandatory to have three conditions together in order to request the return of satisfied rights:
1-The first condition for the restitution of satisfied rights is the execution of the sentenced sentence. What is meant by the execution of the sentence is not the conditional release of the convict from prison.-The first condition for the restitution of satisfied rights is the execution of the sentenced sentence. What is meant by the execution of the sentence is not the conditional release o-The first condition for the restitution of satisfied rights is the execution of the sentenced sentence. What is meant by the execution of the sentence is not the conditional release of the convict from prison. It is the execution of the entire term of the sentence contained in the criminal court’s conviction by completing the external supervision period of the conditionally released convict. For example, if a convict has received an 8-year sentence by the decision of the criminal court, if he is conditionally released after serving 6 years in prison, his sentence will be executed after spending the remaining 2-year period outside. The convicted person whose sentence has been carried out may request the return of the prohibited rights.
2-The second condition for the restitution of satisfied rights is that a period of 3 years has elapsed since the execution of his sentence.he convicted person whose sentence has been carried out may request the return of the prohibited rights.
2-The second condition for the restitution of satisfied rights is that a period of 3 years has elapsed since the execution of his sentence. If 3 years have not elapsed since the execution of the sentence, no request may be made for the return of prohibited rights in any way.
3-The third condition for the restitution of satisfied rights is that the convict does not commit a new crime during this period, including the 3-year period that must begin after the execution of the sentence and be passed after the execution of the sentence, and that he creates an opinion in court that he continues his life in “good behavior”.-The third condition for the restitution of satisfied rights is that the convict does not commit a new crime during this period, including the 3-year period that must begin after the execution of the sentence and be passed after the execution of the sentence, and that he creates an opinion in court that he continues his life in “good behavior”. In practice, the courts accept the convicted person as “good behavior” if the convicted person has not committed a crime and has no clearly known negative characteristics.
A petition must be submitted to the competent court to request the restitution of the satisfied rights. Requests for the return of prohibited rights may also be submitted to the court through a criminal lawyer or any lawyer.A petition must be submitted to the competent court to request the restitution of the satisfied rights. Requests for the return of prohibited rights may also be submitted to the court through a criminal lawyer or any lawyer.
The Competent Court For the Decision on the Restitution of Satisfied Rights
There are two courts authorized to make a decision on the return of prohibited rights:
1-The decision on the restitution of satisfied rights may be made by the court where the convict is tried. Since the court issuing the judgment can access the content of the conviction sentence more easily, the most appropriate court for the request for the restitution of prohibited rights is the court issuing the original judgment.
2-If the convict resides in a place other than the court that rendered the verdict, he/she may apply to a court of the same rank as the court that rendered the conviction and located in his/her place of residence to request the restoration of the prohibited rights. For example, Antalya 1st-If the convict resides in a place other than the court that rendered the verdict, he/she may apply to a court of the same rank as the court that rendered the conviction and located in his/her place of residence to request the restoration of the prohibited rights. For example, Antalya 1st If the residence of the person who was tried in the High Criminal Court and sentenced to a conviction is in Izmir, he / she can also request the return of the prohibited rights by applying to the Izmir High Criminal Court on Duty. In this case, the court in Izmir decides whether the satisfied rights should be returned by bringing the conviction verdict and related documents from the court in Antalya.In this case, the court in Izmir decides whether the satisfied rights should be returned by bringing the conviction verdict and related documents from the court in Antalya.
Let us immediately state that the convict has the right to prefer either of these two courts. However, the court issuing the conviction sentence can make a decision more easily since all the documents are in place.
Restitution of Satisfied Rights and Civil Service
Article 48/ A-5 of the Civil Servants Law No. 657, TCK 53. even if the periods specified in the article have passed, it contains a special regulation that those who are sentenced to a prison sentence of one year or more for a crime committed intentionally will not be admitted to the civil service.rticle 48/ A-5 of the Civil Servants Law No. 657, TCK 53. even if the periods specified in the article have passed, it contains a special regulation that those who are sentenced to a prison sentence of one year or more for a crime committed intentionally will not be admitted to the civil service. The same law states that those who commit some disgraceful crimes lose their right to office, even if they have been pardoned.
If a decision is made to restore the prohibited rights of the convict, he/she regains all his/her prohibited rights. The decision to restore the prohibited rights also removes the obstacles to civil service. Regardless of the conditions for civil service, if a person has receivedf a decision is made to restore the prohibited rights of the convict, he/she regains all his/her prohibited rights. The decision to restore the prohibited rights also removes the obstacles to civil service. Regardless of the conditions for civil service, if a person has received a decision to restore t a decision is made to restore the prohibited rights of the convict, he/she regains all his/her prohibited rights. The decision to restore the prohibited rights also removes the obstacles to civil service. Regardless of the conditions for civil service, if a person has received a decision to restore the prohibited rights, he/she regains the right to civil service. However, according to the rules of open appointment, 92 of the law No. 657. within the framework of the article, the administration has discretion whether to accept the convict as a civil servant or not. The discretion in question is not immoderate and is subject to administrative judicial supervision.
Restitution of Satisfied Rights and Deputy Status
11 Of the Law on the Election of Deputies. according to the article, citizens who have been sentenced to a total of 1 year or more in prison do not have the right to be elected as deputies, even if their sentences have been pardoned. The only way to gain the right to be elected as a deputy is to make a decision on the restitution of satisfied rights for the convict.1 Of the Law on the Election of Deputies. according to the article, citizens who have been sentenced to a total of 1 year or more in prison do not have the right to be elected as deputies, even if their sentences have been pardoned. The only way to gain the right to be elected as a deputy is to make a decision on the restitution of satisfied rights for the convict. Citizens who want to exercise their right to be elected in the election of deputies should take the decision to revoke the prohibited rights within the application period.
Professions where the Decision on the Restitution of Satisfied Rights is Not Effective
Some professions have special occupational rules. Even if the convicted person decides to return the satisfied rights, the ethical rules of some professions may not allow him to perform these professions. The relevant professional organization may refuse the convict’s application for admission to the profession.ome professions have special occupational rules. Even if the convicted person decides to return the satisfied rights, the ethical rules of some professions may not allow him to perform these professions. The relevant professional organization may refuse the convict’s application for admission to the profession. The decisions of the Council of State on this issue are given below:
1-A financial consultant has been sentenced to 1 year in prison for using false documents. After the execution of his sentence, he made a decision to return the prohibited rights from the court and applied to the relevant professional organization TÜRMOB for admission to the profession. TURMOB has rejected the application for admission to the profession.-A financial consultant has been sentenced to 1 year in prison for using false documents. After the execution of his sentence, he made a decision to return the prohibited rights from the court and applied to the relevant professional organization TÜRMOB for admission to the profession. TURMOB has rejected the application for admission to the profession. The Council of State has ruled that the decision on the restoration of rights is in accordance with Article 4 of Law No. 3568. according to article (d), it can eliminate the lack of a driver’s license, but because of the phrase “not to have situations that do not correspond to the honor and dignity of the profession” in paragraph (f) of the same article, TÜRMOB was justified in rejecting the application for admission to the profession (Council of State 8.ccording to article (d), it can eliminate the lack of a driver’s license, but because of the phrase “not to have situations that do not correspond to the honor and dignity of the profession” in paragraph (f) of the same article, TÜRMOB was justified in rejecting the application for admission to the profession (Council of State 8. Apartment – Main No: 2008/3215, Decision No: 2010/5022, Date: 6.10.2010 ).
2-A criminal conviction was given for the crime of murder against a citizen. After serving his sentence, he received a decision from the relevant court to restore his civil rights. Since he graduated from law school, he applied for an internship at the Konya Bar Association to become a lawyer, but his request was rejected by-A criminal conviction was given for the crime of murder against a citizen. After serving his sentence, he received a decision from the relevant court to restore his civil rights. Since he graduated from law school, he applied for an internship at the Konya Bar Association to become a lawyer, but his request was rejected by the bar association. Council of State; although the person’s lack of a license has been eliminated in accordance with Article 5 /a of the Lawyer’s Law with the decision to restore the prohibited rights, according to Article 5 / c of the same Law, his lack of a license continues due to the provision “To be known by his environment for attitudes and behaviors that are not suitable for the lawyer’s profession”, and he found it justified to reject the request for admission to the lawyer’s profession by the bar association (Council of State 8.lthough the person’s lack of a license has been eliminated in accordancealthough the person’s lack of a license has been eliminated in accordance with Article 5 /a of the Lawyer’s Law with the decision to restore the prohibited rights, according to Article 5 / c of the same Law, his lack of a license continues due to the provision “To be known by his environment for attitudes and behaviors that are not suitable for the lawyer’s profession”, and he found it justified to reject the request for admission to the lawyer’s profession by the bar association (Council of State 8. Apartment – Main No: 2006/4018, Decision No: 2007/16, Date: 15.1.2007 ).
Restitution of Satisfied Rights and Judicial Record
According to the Law on Judicial Registration, the decision on the restitution of satisfied rights is processed in the person’s judicial registration record ( criminal record ). Thus, it becomes easier to reach the judicial decision given about the person regarding the return of his prohibited rights.According to the Law on Judicial Registration, the decision on the restitution of satisfied rights is processed in the person’s According to the Law on Judicial Registration, the decision on the restitution of satisfied rights is processed in the person’s judicial registration record ( criminal record ). Thus, it becomes easier to reach the judicial decision given about the person regarding the return of his prohibited rights.
The decision to return the satisfied rights is removed from the records when the decision to delete the Criminal Record is made.
The decision to return satisfied rights is an important court decision that must be taken immediately after the execution of the sentence for convicts, as it allows a person to exercise many citizenship rights.
Tags: civil service, restitution and conditions of satisfied rights, special professional rules, restitution of prohibited rights
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