Laws Governing Disgraceful Offences
Disgraceful offences are the types of offences that constitute an obstacle to entry into the civil service according to the Civil Servants Law No. 657 and employment according to the Labour Law, and are the basis for the termination of the ongoing employment contract without compensation. For this reason, whether the offence is disgraceful or not is shaped according to the special law to be applied. The types of offences considered as disgraceful offences can be listed as follows according to special laws:
Theft offence (TCK Article 141)
Fraud offence (Article 157 TPC)
Offence of abuse of trust (Article 155 TPC)
Offence of abuse of office (Article 257 of the Turkish Penal Code)
Bribery offence (TCK Article 252)
The offence of extortion (Article 250 of the Turkish Penal Code)
Embezzlement offence (TCK Article 247)
Forgery of private documents (Article 207 of the Turkish Penal Code)
Forgery of official documents (Article 204 of the Turkish Penal Code)
Offence of forgery of money (Article 197 of the Turkish Penal Code)
O.ffence of forgery of a precious stamp (Article 199 of the Turkish Penal Code)
Offence of forgery of seal (Article 141 of the Turkish Penal Code)
Fraudulent bankruptcy offence (TCK Article 161)
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WHICH LAWS CONTAIN THE CONCEPT OF “DISGRACEFUL OFFENCES”?
The term “disgraceful offence” has been removed from most laws due to various controversies. The main laws that continue to be used are:
Article 76 of the 1982 Constitution No. 2709 /2:
“Those who have not graduated from at least primary school, those who are restricted, those who have not completed their obligatory military service, those who are banned from public service, those who have been sentenced to a total of one year or more imprisonment or to heavy imprisonment, excluding offences of negligence, embezzlement, embezzlement, extortion, bribery, bribery, theft, fraud, forgery, Those who have been convicted of disgraceful offences such as abuse of faith, fraudulent bankruptcy, smuggling, conspiracy to interfere in official tenders and purchases and sales, disclosure of state secrets, participation in terrorist acts and incitement and encouragement of such acts cannot be elected as deputies even if they have been pardoned. ”
Article 11 of the Law No. 2839 on Election of Deputies:
“1. (Amended sub-paragraph: 02.01.2003 4778 S.K./15. Art.) Those who have been convicted of one of the disgraceful crimes such as simple and qualified embezzlement, embezzlement, bribery, theft, fraud, forgery, abuse of faith, fraudulent bankruptcy, smuggling crimes other than smuggling of use and consumption, conspiracy to rig official tenders and purchases and sales or revealing State secrets”
Article 11/b-2 of the Law No. 2820 on Political Parties:
“2 – (Amended sub-paragraph: 02.01.2003 – 4778 S.K./7. Art.) Those who have been convicted of simple and qualified embezzlement, embezzlement, bribery, theft, fraud, forgery, abuse of faith, fraudulent bankruptcy, and other disgraceful offences, smuggling offences other than smuggling of use and consumption, conspiracy to rig official tenders and purchases and sales, or revealing State secrets
Article 48/5 of the Civil Servants Law No. 657:
“5. (Amended subparagraph: 10/01/1991 – 3697/1 Art.; Amended subparagraph: 23/01/2008-5728 S.K./317.mad) Even if the periods specified in Article 53 of the Turkish Penal Code have elapsed; crimes against the security of the state, crimes against the constitutional order and the functioning of this order, crimes against national defence, crimes against state secrets and espionage, not to be convicted of embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, bid rigging, bid rigging, laundering the proceeds of crime or smuggling. ”
Article 8/h of the Law No. 2802 on Judges and Prosecutors:
“h) (Amended subparagraph: 11/09/1987 – Executive Decree 276/3 Art., Adopted: 24/02/1988 – 3409/3 Art.) Except for negligent offences, (… ) imprisonment for more than three months or for a disgraceful or dishonourable offence such as embezzlement, conspiracy, extortion, bribery, theft, fraud, forgery, misuse of belief, fraudulent bankruptcy, embezzlement, embezzlement, bribery, theft, fraud, misuse of belief, fraudulent bankruptcy, offences against the personality of the State even if it has been pardoned or smuggling, not to be convicted of the offences of conspiracy to corrupt official tenders and purchases and sales, revealing state secrets, or not to be under investigation or prosecution for these offences or for an act that requires a sentence of imprisonment of more than three months, excluding negligent offences. ”
Law No. 6136 on Firearms, Knives and Other Instruments Article 7/last:
“(Amended art: 23/02/2000 – 4534/1. art.; Amended art: 23/01/2008-5728 S.K./154.mad) Those who have been convicted of offences committed with firearms and those who have been sentenced to imprisonment for more than one year or more than six months for offences falling within the scope of this Law, excluding negligent offences, cannot be given permission to carry firearms, even if they have been pardoned.”
Article 4 of the Law No. 3568 on Certified Public Accountants and Sworn-in Certified Public Accountants /d:
“d) (Amendment: 10.07.2008 – 5786 S.K./2. art. ) Even if the periods specified in Article 53 of the Turkish Penal Code have elapsed; crimes against the security of the state, crimes against the constitutional order and the functioning of this order, crimes against national defence, crimes against state secrets and espionage, not to be convicted of embezzlement, embezzlement, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, bid rigging, bid rigging, laundering the proceeds of crime or smuggling. ”
Article 5 of the Law No. 1136 on Advocacy:
“a) (Amendment: 02/05/2001 – 4667/5. art.; Amended art. 23/01/2008-5728 S.K./326.art) Even if the periods specified in Article 53 of the Turkish Penal Code have elapsed; being convicted of crimes against the security of the State, crimes against the constitutional order and the functioning of this order, crimes against national defence, crimes against state secrets and espionage, 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. ”
Article 7 of the Notary Public Law No. 1512:
“5. Not to have been convicted by a finalised judgement of a disgraceful crime or a crime requiring heavy imprisonment, or of an intentional crime with a prison sentence of one year or more.”
Law No. 6197 on Pharmacists and Pharmacies art.4 /A:
(Amendment: 23.01.2008-5728 S.K. ) “Even if the periods specified in Article 53 of the Turkish Penal Code have elapsed; crimes against the security of the state, crimes against the constitutional order and the functioning of this order, crimes against national defence, crimes against state secrets and espionage, crimes against public health, being sentenced to imprisonment for embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, bid rigging, bid rigging, laundering of assets derived from crime or smuggling”
Article 56 of the Collective Labour Agreement, Strike and Lockout Law No. 2822 /4:
(Amended: 23.01.2008-5728 S.K.) “4. Even if the periods specified in Article 53 of the Turkish Penal Code have elapsed; Even if the periods specified in Article 53 of the Turkish Criminal Code have elapsed; or sentenced to imprisonment for one year or more for a crime committed deliberately or for crimes against the security of the state, crimes against the constitutional order and the functioning of this order, crimes against national defence, crimes against state secrets and espionage, embezzlement, embezzlement, bribery, bribery, theft, not to have been convicted of fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, bid rigging, bid rigging, laundering the proceeds of crime or smuggling, and not to be an official in the organs of political parties”
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