What is Return of Satisfied/Prohibited Rights?
It is a criminal law institution that removes the prohibitions created by laws other than the Turkish Penal Code due to the restitution of satisfied rights, in other words, the return of prohibited rights, a conviction for a sentence against the convict.
TPC numbered 5237, which is in force, states that with the execution of the sentence, the person will regain all his prohibited rights. However, some special laws other than the Turkish Penal Code contain provisions that prevent the convict from exercising certain rights due to conviction. For example, although the convict’s sentence was executed according to the Turkish Penal Code; It is prohibited by the special laws of the relevant professions to practice professions such as attorneyship, deputy, financial advisor, and civil servant. In order to get rid of this state of prohibition, the convict must also apply to the court and take a decision to return the satisfied rights (return the prohibited rights).
In short, the restitution of satisfied rights is regulated in order to eliminate the negative consequences associated with criminal convictions by laws other than the Turkish Penal Code.
Conditions for Return of Satisfied Rights (Restitution of Prohibited Rights)
In accordance with Article 13/A added to the Criminal Records Law No. 5352, three conditions must be met in order to be able to request the return of the dissatisfied rights:
1-The first condition for the return of satisfied rights is the execution of the sentenced sentence. What is meant by the execution of the sentence is not the release of the convict from prison by conditional release. It is the execution of the entire penalty period included in the sentence of the criminal court by completing the external supervision period of the convict who is conditionally released. For example, if the convict is sentenced to 8 years by the decision of the criminal court, if he is released on probation after 6 years in prison, his sentence will be executed after spending the remaining 2 years outside. The sentenced convict may request the reinstatement of prohibited rights.
2- The second condition for the return of satisfied rights is that a period of 3 years has elapsed since the execution of the sentence. If 3 years have not passed since the execution of the sentence, no request can be made to return the prohibited rights in any way.
3- The third condition for the return of the satisfied rights is that the convict should not commit a new crime during this period, starting from the execution of the sentence and including the 3-year period after the execution of the sentence, and that the convict should form an opinion in the court that he continues his life in a “good manner”. In practice, the courts accept the convict as “well-behaved” if he has not committed a crime and has no clearly known negative characteristics.
A petition must be submitted to the competent court in order to request the return of the dissatisfied rights. Requests for the reinstatement of prohibited rights can also be submitted to the court through a criminal lawyer or any lawyer.
Competent Court for the Decision of Return of Satisfied Rights
There are two courts competent to decide on the restoration of prohibited rights:
1- The decision to return the rights can be given by the court where the convict is tried. Since the court giving the verdict can easily access the content of the conviction, the most appropriate court for the request for the restitution of prohibited rights is the court that renders the original verdict.
2- If the convict resides in a place other than the court that rendered the verdict, he may apply to a court of the same degree as the court in his place of residence and that rendered the conviction sentence, and may request the restitution of the prohibited rights. For example, if the residence of the person who was tried in Antalya 1st High Criminal Court and sentenced to be sentenced is in İzmir, he/she may apply to the İzmir Heavy Penal Court on Duty and request the reinstatement of the prohibited rights. In this case, the court in Izmir decides whether the contented rights will be returned by bringing the conviction and related documents from the court in Antalya.
Let us state immediately that the convict has the right to choose either of these two courts. However, the court that renders the conviction can make a decision more easily since all the documents are in place.
Return of Satisfied Rights and Civil Service
Even if the periods specified in Article 48/A-5 of the Civil Servants Law No. 657 and Article 53 of the TCK have passed; It contains a special regulation that those sentenced to a one-year or more prison sentence for an intentionally committed crime will not be admitted to the civil service. The same law states that even if they are pardoned, those who commit some disgraceful crimes lose their right to be a civil servant.
If a decision is made to return the prohibited rights to the convict, he will regain all his prohibited rights. The decision to return the satisfied rights also removes the obstacles to civil service. Regardless of the conditions of the civil service, if the person decides to take back his rights, he will have the right to become a civil servant. However, pursuant to the rules of vacant appointment, the administration has discretion in accepting the convict as a civil servant within the framework of Article 92 of Law No. 657. This discretionary power is not disproportionate and is subject to administrative judicial review.
Return of Satisfied Rights and Miles
deputy
According to Article 11 of the Law on Election of the Deputy, citizens who have been sentenced to imprisonment for a total of 1 year or more do not have the right to be elected as a member of parliament, even if their sentence is pardoned. The only way to win the right to be elected as a deputy is to give a decision to return the rights to the convict. Citizens who want to use their right to be elected in the election of a deputy must take a decision to revoke their prohibited rights within the application period.
Occupations for which the Decision of Return of Satisfied Rights is Not Effective
Some professions have special professional rules. Even if the convict takes a decision to return his rights, the ethical rules of some professions may not allow him to practice these professions. The relevant professional body may reject the convict’s request for admission to the profession. The decisions of the Council of State on this issue are given below:
1-A financial adviser was sentenced to 1 year in prison for using false documents. After the execution of his sentence, he applied to TÜRMOB, the relevant professional organization, for his admission to the profession by taking the decision of the court to restore the prohibited rights. TÜRMOB rejected his application for admission to the profession. The Council of State has justified the rejection of TÜRMOB’s application for admission to the profession due to the fact that the decision to reinstate the dissatisfied rights can eliminate the incompetence according to subparagraph (d) of Article 4 of the Law No. 8th Division – Article No: 2008/3215, Decision No: 2010/5022, Date: 6.10.2010).
2-Criminal conviction was given to a citizen for the crime of homicide. After executing his sentence, he was satisfied with the court’s decision to return his rights. Since he graduated from law school, he applied for internship to Konya Bar Association to become a lawyer, and this request was rejected by the bar association. Council of state; Although the person’s incapacity has been removed according to Article 5/a of the Attorneyship Law with the decision to reinstate the prohibited rights, it has been decided that the incapacity continues due to the provision “Being known by the people around the attitudes and behaviors unsuitable for the attorneyship profession”, according to Article 5/c of the same Law, and the request for admission to the attorneyship profession is rejected by the bar association. (Council of State 8th Chamber – Article No: 2006/4018, Decision No: 2007/16, Date: 15.1.2007).
Return of Satisfied Rights and Judicial Registry
According to the Judicial Registry Law, the decision to return the dissatisfied rights is recorded in the person’s criminal record (criminal record). Thus, it becomes easier to reach the judicial decision about the person regarding the reinstatement of his prohibited rights.
The decision to return the dissatisfied rights is removed from the records when the decision for the Deletion of the Judicial Registry Record is made.
Since the decision to return the satisfied rights allows the person to use many citizenship rights, it is an important court decision that must be taken immediately after the execution of the sentence for the convicts.