CERTIFICATE OF CRIMINAL REGISTRATION (CRIME REGISTRATION)

The system in which the penalties and security measures given to individuals are recorded depending on the finalized court decision is called the criminal record. In order for the sanction given to the person for a crime to be recorded in the criminal record, the court decision must be final. Decisions that are not finalized do not appear in the transcript of the criminal record document.

Which Information Is Processed in the Criminal Records?

1) Prison sentences

2) Deferred prison sentences

3) Judicial fines 4) Short-term prison sentences converted into option sanctions

5) Decisions on deprivation of certain rights

6) Conviction of a Turkish citizen from a foreign court that has been finalized

7) Decisions made by the court upon the request of the Public Prosecutor regarding the deprivation of rights in terms of Turkish law.

8) Decisions made due to withdrawal from the complaint or effective repentance, which nullifies the criminal conviction with all its consequences.

9) Decisions regarding the determination of the expiry of the penalty period

10) The law on general or special amnesty; Presidential decisions on special amnesty

11) Convictions and secondary penalties given in accordance with the Military Penal Code

Information Not Included in the Criminal Record Record

1) Administrative fines

2) Decisions on discipline or detention

3) Conviction provisions regarding disciplinary offenses and purely military offenses, Criminal Records are requested by many institutions in daily life. Applications for Driver’s License, scholarship applications, job applications, etc.

Where Can People Get Criminal Records Documents?

1) From the Office of the Chief Public Prosecutor, that is, from the Courthouses,

2) From the District Governorships,

3) From consulates abroad,

4) They can receive via e-government. You can obtain your Criminal Record Document by applying to the “Judicial Registry Directorate” in courthouses, District Governorates and embassies abroad, by applying with your ID only. Parents of those under the age of 18 can request this document.

In order to get the Judicial Registry Document via e-government, first of all, click on the “Verify My Identity Now” button on the link https://www.turkiye.gov.tr/adli-sicil-kaydi. You need to login to the system with your ID number and password. On the screen that appears after you log in to the system, “I have read the above information.” Select the option and click the “Continue” button. After you fill in the information in the Criminal Record Inquiry Form (type of institution requesting the criminal record document, why the document is issued, where it will be given) completely and correctly, you click on the “Inquire” button and you will reach your criminal record. However, the point to be noted here is that the relevant page is not printed directly. In order to print out the Criminal Record Document, first download the file to your computer by clicking the “Download File” option at the top right. You can print the downloaded file and deliver it to the relevant institution. The document received via e-government has a barcode on it for security purposes, the authorities of the institution receiving the document, the T.C. of the document owner. By entering the ID number and this barcode number on the document, it will be able to verify by viewing the original of the criminal record document. The validity period of the Judicial Registry Document obtained via e-Government is 6 months. You can use this document within 6 months, but some institutions may request that the criminal record document be up-to-date, that is, to be obtained at a later date.

WHAT IS ISTICVAP?
Isticvap is the questioning and hearing of the person who is the party of the lawsuit by the judge on matters that are against himself. Isticvap is of Arabic origin, derived from the word answer and means “interrogation” as a word. Legally, it is the questioning of the person who is the party of the lawsuit about a certain or a few facts.

In Article 169 of the Code of Civil Procedure, it is regulated that the judge can decide on the repentance of each of the parties spontaneously or upon request. The subject of the procedural action is about the facts that form the basis of the case and the issues related to these cases. It is an appeal process for the court to question a party to the case, on its own or upon request, on a matter that is against itself and forms the basis of the case. However, not every situation where the parties are questioned by the judge during the hearing is not isticvap. Certain conditions must be met in order to apply Isticvap.

The institution of Postponing the Announcement of the Judgment (HAGB) is regulated in Article 231 of the Criminal Procedure Code. If the sentence given to the accused as a result of the trial held in the criminal court is a prison sentence of two years or less or a judicial fine, a decision to Delay the Announcement of the Judgment (HAGB) may be given if other conditions specified in the law are met. If this institution is implemented, a five-year audit period is applied to the accused. During the probation period, the accused must not have committed an intentional crime. In addition, it is not possible to defer the announcement of the verdict about the accused again within this five-year inspection period. ,

In the case of HAGB, the judgment rendered by the court in a way is suspended and if the accused does not commit an intentional crime during the inspection period, the sentence is deemed to have been executed. If the accused does not commit an intentional crime during the inspection period and the determined measures are followed, the decision to defer the disclosure is abolished and the court decides to dismiss the case. In case of intentionally committing a new crime within the supervision period or acting in violation of the obligations regarding probation, the court announces the verdict. However, the court evaluated the situation of the accused who could not fulfill the obligations imposed on him; It may establish a new conviction by deciding that a part of the sentence to be determined up to half is not executed, or that the prison sentence in the sentence is suspended or converted to alternative sanctions if the conditions exist.

WHAT ARE THE CONDITIONS FOR WITHDRAWAL OF THE EXPLANATION OF THE PROVISION (HAGB)?
In order to make a decision to defer the announcement of the verdict;

The defendant must not have been previously convicted of an intentional crime.
Considering the personality traits of the accused, his attitudes and behaviors at the hearing, the court should be convinced that the accused will not commit a crime again.
The damage suffered by the victim or the public as a result of the commission of the crime must be remedied by way of restitution, restitution or compensation. If it is not possible for the accused to fulfill this condition immediately, it may be decided to pay the price in monthly installments within the audit period.
The application of the institution of postponing the announcement of the verdict by the accused must be accepted. This acceptance must be made by the accused himself. The consent made by the attorney is not valid.
TAGS: alanya, antalya, law, lawyer, mahmutlar

TO COURT WITH

To be sent

TO SİLİVRİ FAMILY COURT

Plaintiff: (If you are the plaintiff party, you should write your own information here.)

DEFENDANT: (You should write the information of the other party of the lawsuit in this part.)

SUBJECT: (In this section, you should briefly state the subject of your petition.)

DESCRIPTIONS:

(In this section, you should specify the issues you want to bring to the attention of the court and your demands in detail and mention your evidence, if any.)

LEGAL REASONS: (You must specify which legal legislation you base your petition on here)

LEGAL EVIDENCE: (In this section, you must provide the names and addresses of the witnesses you want to be heard during the trial, your evidence to prove the events you have explained in detail in the explanations section, the documents you want to be collected, and the documents you want to be heard.)

REQUEST AND CONCLUSION: (In this section, you should include information about your requests from the court)

Plaintiff Name Surname

Signature

WHAT IS THE REASONED DECISION?
The reasoned decision is that they explain the matters stated in the indictment, facts, evidence, demands, the defense of the accused, the complaints of the complainant, and justify the legal grounds on which they base their verdict at the end of the trial in the criminal courts. It is a detailed decision explaining that they are based on the reasons.

In practice, courts generally explain the referral clause of their decision in the last session, in the form of a short decision, in the minutes of the hearing. The reasoned decision, on the other hand, is notified to the relevant parties by writing within the time determined by law, provided that it is not contrary to the short decision.

According to Article 141/3 of the Constitution, all kinds of decisions of the courts must be written with justification. In the decisions of the Supreme Court, the reason is; It is defined as the explanation of the grounds of the judgment in accordance with reason, law and material event. The justification must be valid, legal and sufficient, showing that the information and documents in the file have been evaluated on the spot. Making a decision in this way without relying on a justification would not be suitable for the purpose of the legislator.

WHAT IS THE REASONABLE DECISION IN THE COURT OF COURT?
HMK m. According to 297, which fall under the jurisdiction of civil courts; Decisions made as a result of lawsuits involving private law disputes such as compensation, divorce, inheritance, and receivables must be written with reasons. According to the Supreme Court, the mandatory elements that should be written in the reasoned decision are as follows;

– Summary of the claims and defenses of the two parties,

• Agreed and disagreed matters,
• Evidence collected on contentious issues,

– Discussing the evidence,

– Reasons for rejection and superiority,

– The fixed facts and the conclusion drawn from them,

– The legal reason must be clearly demonstrated.

WHAT IS THE REASONABLE DECISION OF THE CRIMINAL COURT?
The elements that should be included in the reasoned decision of the conviction in the proceedings falling within the jurisdiction of the criminal courts are included in Article 230 of the CMK;

– Allegation and defense, on which they are based, and what evidence is gathered by the court,

Discussion and evaluation of evidence and evidence rejected or favored and accepted as evidence and its reasons,

– The act of the accused that is considered to constitute a crime, its legal elements and characterization, the applicable law,

• Whether there are legal reasons for abolishing the penalty, for reasons that aggravate or mitigate the penalty, and the reasons for determining the basic penalty by accepting or rejecting the related requests,

– The grounds for the postponement of the sentence, its conversion to one of the measures or the implementation of an additional security measure or the acceptance or rejection of the requests on these issues will be shown.

In addition, in the decisions taken as a result of the criminal case, it is necessary to clearly indicate whether there is an opportunity to apply to legal remedies and to seek compensation at the end of the judgment, and if so, the duration, form and authority of the application.

WHAT DOES THE JUSTIFIED DECISION MEAN?
The phrase reasoned decision has been written means that the case has been concluded and the decision given by the court has been prepared with justification. It is possible to see the reasoned decision written statement in your inquiry about your file on e-government. When you see this statement, you can understand that the case you are on trial has reached the conclusion and the decision has been made. After the reasoned decision is written, it will be notified to the parties and the application period to legal remedies will start from the notification of the reasoned decision.

WHEN IS THE REASONED DECISION WRITTEN?
When the reasoned decision will be written depends on which court the case falls under its jurisdiction. In cases heard in criminal courts, a reasoned decision must be prepared within 15 days from the date of the verdict. In cases falling under the jurisdiction of civil courts, the preparation period for the reasoned decision is one month. This period is also determined as one month in administrative and tax courts.

WHEN WILL THE REASONABLE DECISION BE FINAL?
The finalization of the reasoned decision occurs in two ways.

-First, if no legal action is taken against the reasoned decision within the period defined in the law, the decision becomes final.

-Secondly, if a legal action is taken against the reasoned decision and the higher-level courts that make appeals and appeals find the verdict in accordance with the law and approve it, the decision becomes final.

The situations in which a direct arrest can be made without an arrest warrant by the law enforcement are listed in article 90/2 of the Code of Criminal Procedure and in article 5 of the Regulation on Arrest, Detention and Statement Taking. Accordingly, law enforcement officers

In cases where an arrest warrant or arrest warrant is issued and delays are objectionable, they have the power to arrest if they cannot immediately apply to the Public Prosecutor or their superiors. (CMK art. 90/2)
In order for an arrest to be made without an arrest warrant by the law enforcement, the two conditions listed must be present together. In other words, in cases that require an arrest warrant or a warrant to be issued, law enforcement officers will be able to make arrests without a warrant, if there is a situation in which it is inconvenient to delay. Apart from this, the situations listed in the regulation are as follows;

Those who disobey the orders of the law enforcement and those who do not comply with the measures taken,
Persons who forcibly oppose the law enforcement authorities while on duty or to deprive them of their duties and are likely to continue their activities if they are not caught,
Those who buy, sell, possess or use drugs and stimulants,
Those who are drunk enough to disturb the public’s comfort or cause a disgrace, or who attack others while intoxicated,
Those who disturb the peace and tranquility of the people, those who continue their actions despite the warnings, those who attempt to attack others and fight,
Persons who are mentally ill, addicted to drugs and stimulants or alcohol, vagrants or who can transmit disease, who pose a danger to the society, in order to fulfill the measures taken in accordance with the principles specified by the laws for treatment, education and rehabilitation in an institution,
Children against whom the court has decided to place them in child care and orphanages or similar official or private institutions, or to be brought before the competent authority,
They can arrest people who want to enter or enter the country illegally, or for whom a deportation or extradition decision has been taken.

… TO THE COURT

FILE NUMBER: …/…

Plaintiff:

TURKISH IDENTITY NUMBER :

ADDRESS :

DEFENDANT:

ADDRESS :

SUBJECT : It includes our request to waive the lawsuit.

DESCRIPTIONS :

1-) We waive the lawsuit we have brought against the defendant. For this reason, we give up our results and demands.

2-) We present our situation to your court.

LEGAL REASONS: 6100 S. K. m. 307, 309, 310, 311, 312

CONCLUSION AND REQUEST: We respectfully request that a decision be made in favor of our waiver request, for the reasons explained above.

History

Name surname

SIGNATURE

…………………… COURT OF FIRST INSTANCE ON DUTY

TO THE JUDICIARY

APPLICANT : NAME SURNAME – TR NO: ……………………

ADDRESS :

DEFENDANT: …………………..POPULATION DIRECTORATE

SUBJECT OF CASE: GENDER CORRECTION THROUGH REGISTRATION CORRECTION

DESCRIPTIONS :

one- …………. province, ………… District, …………… Village, Volume No. ……., Family Rank No. ……….., Sequence No. I am registered at the place numbered ……….

2- Whatever a mistake was made, during my application to the relevant institution to benefit from unemployment insurance, my victimization came to the fore because my gender was recorded as female in the population registry, but I became aware of the incident.

3- All records other than population registry records appear as Male. It is arranged as male on my current identity card and SSK identity card.

4- I myself was born …../…../…… and I have even completed my military service. I don’t understand why there is a female registration instead of a male one in the population records. Due to this mistake made, it became necessary to file this lawsuit to correct it, since problems came to the fore in my official transactions.

EVIDENCE: Identity records, Military service data, Insurance record and all kinds of evidence.

LEGAL REASONS: Relevant legislation of TMK.

POPULATION REGISTRATION: It is presented as an attached.

CONCLUSION AND REQUEST: With the acceptance of our case for the reasons I have presented and explained above, cancellation of the registration written as female in the population register, correction of gender and registration and registration as male in the population register,

I submit and request that it be decided that the costs of litigation be charged to the defendant who caused the lawsuit to be filed. …../……./……

Best regards,

Plaintiff : ……………….

TO THE PRESIDENCY OF THE JUDICIARY ( ) LAW DEPARTMENT

To be sent

……. TO Mr. JUDICIARY

                                                                                                                   …….

FILE NUMBER :…….

APPLICABLE DEFENDANT:…….

ATTORNEY: …….

CLAIM:…….

ATTORNEY: …….

SUBJECT : This is our timeline petition.

EXPLANATIONS :1-By the Local Court ……. A decision has been made regarding the case pending with the Article No.

2- The decision is unlawful in terms of both substance and procedure. When the reasoned decision is notified to us, we will present our reasons for appeal to your supreme court, with an explanation.

RESULT OF THE CLAIM: We request that the decision of the Local Court be reviewed and overturned by appeal, taking into account the explanations we will present after the notification of the reasoned decision of the Local Court to us.

                                                                                                             ATTORNEY'S ATTORNEY

                                                                     …….

3. Law Office

Base Number: 2018/330

Decision Number: 2018/993

“Justice Text”

COURT: FAMILY COURT

As a result of the court’s judgment of the lawsuit for the abolition of the alimony between the parties, upon the appeal by the defendant within the time limit of the verdict given for the acceptance of the case; After the decision to accept the appeal petition, the papers in the file were read and the necessary consideration was given:

Y A R G I T A Y A R A R I

The plaintiff and the defendant … 2. They divorced with the decision of the Family Court numbered 2009/4 E. 2009/724 K., that a monthly poverty alimony of 150.00 TL was decided in favor of the defendant with the said divorce case, the defendant was paid a salary due to his father who passed away after the divorce case. Claiming that his economic situation has improved due to the immovables inherited due to inheritance, such as the custody of the joint children, all kinds of care and expenses are on him, and the current alimony obligation puts him in financial difficulty, demanding that the monthly alimony of 150,00 TL be abolished and the lawsuit is filed. has done.
The defendant, stating that the financial situation of the plaintiff is good, and that the salary given to him due to his father’s death was not sufficient for his living, requested that the case be dismissed.
The court decided to accept the case and the verdict was appealed by the defendant.
The case relates to the request for the abolition of alimony.
176/3 of the Turkish Civil Code. According to the article; The pecuniary compensation or alimony that is decided to be paid in the form of annuity is automatically terminated in the event of the remarriage of the creditor or the death of one of the parties; In the event that the creditor lives as if he is actually married without marriage, his poverty disappears or he leads a dishonorable life, it is abolished by a court decision.
The plaintiff requests the abolition of alimony, alleging an increase in the defendant’s assets and living standards.
As accepted in the decision of the General Assembly of the Supreme Court of Appeals dated 07.10.1998 and numbered 1998/2-656-688, an income sufficient to meet the necessary and necessary expenditures to improve the individual’s material wealth such as food, clothing, shelter, health, transportation, culture (education). Those who are not should be considered poor.
It should be noted right away that; In the settled decisions of the General Assembly of Law, “having an income at the minimum wage” is not accepted as a fact that makes it impossible to pay alimony, and having an income above the minimum wage is not accepted as a fact that makes it impossible to pay alimony. (HGK.07.10.1998 day, 1998/2-656 M, 1998/688 K. 26.12.2001 day, 2001/2-1158-1185 and 01.05.2002 day, 2002/2-397-339). however, it should be taken into account as a factor in determining the amount of alimony.
In the concrete case; It is seen that the parties … divorced with the decision of the 2nd Family Court numbered 2009/4 E. 2009/724 K. and 150,00 TL alimony was awarded in favor of the defendant.
It has been understood that the defendant has received an orphan’s pension since 01/05/2010 due to his deceased father, and the amount of payment made to the defendant as of September 2011 consisted of a salary of 239.86 TL and an additional payment of 11.99 TL.
It cannot be expected that the income of the alimony creditor woman will meet the above-mentioned compulsory and necessary expenditures. In other words, the total amount of income received by the defendant is not of the nature to save him from poverty.
Considering the social and economic conditions, needs and expenditures of the parties, finding the wage income of the defendant woman in line with the legal regulations and the Supreme Court Jurisprudence does not necessitate the abolition of the poverty alimony ruled on her. This situation is the reason for the reduction of the poverty alimony. Therefore, the abolition of the alimony for the defendant woman was not found to be fair.
In that case, it will be done by the court; Considering the social and economic conditions of the parties and taking into account the balance between the parties while appraising the alimony, the amount of alimony should be reduced at a reasonable rate in accordance with the principle of equity emphasized in Article 4 of the TMK. required breaking.
CONCLUSION: In this respect, without taking into account the principles explained above, the written verdict is inaccurate, and for these reasons, the appeal objections are accepted and the judgment is rendered by the HUMK. It was unanimously decided on 13.02.2018 that the appeal fee be returned to the appellant upon request, pursuant to the provisional article 3 of the CPC no.