Detection Of Disgraceful Offences And Effect On Civil Service
As we have clearly stated above, the term “disgraceful offence” has been categorised by special laws. For this reason, it is not possible to comment on whether any offence is classified as a disgraceful offence. It is possible to determine whether an offence is disgraceful or not according to the law to which you will be subjected and if some offences are listed with the concept of disgraceful in that law.
The concept of disgraceful offence actually appears as a classification of offences. The concept of disgraceful offence was included for the first time in Article 68 of the 1961 Constitution, and after that, this term was started to be used in the 1982 Constitution and other laws. In general, in cases that are not listed or exemplified in the laws, whether the offence is disgraceful or not is left to the discretion of the relevant authorities.
Law No. 657 on Civil Servants regulates the conditions for entry into civil service. These conditions are listed in Article 48. One of the conditions sought according to the relevant article is;
“Even if the periods specified in Article 53 of the Turkish Penal Code have passed; not being convicted of crimes against the security of the state, crimes against the constitutional order and the functioning of this order, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, bid rigging, bid rigging, laundering of assets derived from crime or smuggling, even if the periods specified in Article 53 of the Turkish Penal Code have elapsed”.
Offences that prevent civil servants, which are also described as disgraceful offences, are regulated in a limited number in Article 48/5 of the Civil Servants Law No. 657. The offences listed are as follows;
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Offences against the Constitutional Order and the Functioning of this Order
Bid rigging
Tampering with the Performance of an Obligation
Laundering of Assets Derived from Crime
Smuggling Offences
Theft Offence
Fraud Offence
Abuse of Trust Offence
Bribery Offence
The Offence of Irtikap
Embezzlement Offence
Fraudulent Bankruptcy
Forgery of Private Documents
F.orgery of Official Documents
Forgery of Money
Forgery of Precious Stamp
Offence of Forgery of Seal
After the person is appointed to the civil service, if it is understood that the person committed the above-mentioned offences before the civil service or if the person commits any of the offences in Article 48 during his/her civil service, his/her civil service is terminated. The person must meet the conditions specified in Article 48 of the Civil Servants Law No. 657 during the civil service period. If any of the offences listed in Article 48 are committed, the person loses the qualification of civil servant and the civil service of the person is terminated and dismissed.
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