Deprivation Of Certain Rights (TPC 53)
ARTICLE 53 OF TURKISH PENAL CODE – WHAT IS DEPRIVATION OF CERTAIN RIGHTS?
Deprivation of Certain Rights regulated by Article 53 of the Turkish Criminal Code is not a punishment, but a measure given in addition to a criminal conviction. This measure, which we come across a lot in the indictment or criminal cases, is thought to be a criminal judgement by people. However, this provision is the legal result of a prison sentence. With this measure, you will be restricted from using some rights. Restrictions are various measures such as deprivation of parental and guardianship powers, deprivation of political party management or deprivation of the right to vote and be elected. The measure of deprivation of certain rights is applied in the case of intentional offences. It will be an exceptional case to apply this measure in negligent offences. Detailed information on the subject will be explained below.
TCK 53/1. ARTICLE – WHAT IS DEPRIVATION OF CERTAIN RIGHTS AS A RESULT OF IMPRISONMENT?
If a person is sentenced to imprisonment for an offence committed intentionally, he/she is deprived of certain rights listed in Article 51/1 of the TPC as a mandatory consequence.
The measures listed in Article 51/1 of the TPC will be automatically applied as a legal consequence of this sentence if the person commits a deliberate offence and is sentenced to imprisonment by the court as a result. These persons will be deprived of the rights listed below. The court will not impose the measure of deprivation of certain rights at its own discretion. If you have been sentenced to imprisonment for a deliberately committed offence, TCK 53/1 will be applied to you and the measure of deprivation of certain rights will be applied.
Your rights to be restricted in accordance with Article 53/1 of the TPC are as follows:
A. DEPRIVATION FROM UNDERTAKING A PERMANENT, TEMPORARY OR TEMPORARY PUBLIC DUTY.
The first of the deprivation of rights listed in TCK 53/1 is the deprivation of undertaking public duty. The article enumerates which public duties are included in this deprivation. These deprivations are
Member of the Grand National Assembly of Turkey,
Public duty assigned by the state, province, municipality, village or institutions and organisations under their supervision and control,
Deprivation of the right to be employed in all civil offices and services subject to appointment or election.
It is important to note that these deprivations of rights are only applied as a result of offences committed deliberately. These deprivations of rights are not applied in negligent offences.
B. DEPRIVATION OF THE CAPACITY TO ELECT AND BE ELECTED.
A person convicted of an intentional offence shall be deprived of the right to elect and be elected within the scope of Article 53/1 of the TPC. In other words, the person who commits an intentional offence will not be able to vote or be a candidate during the period of conviction. However, this deprivation does not apply to negligent offences.
C. DEPRIVED OF THE RIGHT OF CUSTODY; DEPRIVED OF A SERVICE BELONGING TO GUARDIANSHIP OR TRUSTEESHIP.
By law, children under the age of 18 are considered children and the joint custody of children belongs to their parents. However, a person who commits an intentional offence and is convicted of this offence is deprived of the right of custody.
The exceptional provision here is Article 53/3 of the Turkish Penal Code. Namely, the provision of the above paragraph shall not apply to the parental, guardianship or trusteeship powers of the person whose prison sentence has been postponed or who has been granted conditional release. You can read the details regarding this article below.
D. DEPRIVED OF THE RIGHT TO BE A DIRECTOR OR AUDITOR IN LEGAL ENTITIES SUCH AS FOUNDATIONS, ASSOCIATIONS, TRADE UNIONS, COMPANIES, CO-OPERATIVES AND POLITICAL PARTIES.
A person who has committed a deliberate offence and has been sentenced to imprisonment shall not be able to serve as a manager or auditor in the listed places. Since the law restricts only the duties of manager and auditor, there is no deprivation of other duties.
E. A PERSON SHALL BE DEPRIVED FROM PRACTISING A PROFESSION OR ART SUBJECT TO THE PERMISSION OF A PUBLIC INSTITUTION OR A PROFESSIONAL ORGANISATION HAVING THE STATUS OF A PUBLIC INSTITUTION AS A SELF-EMPLOYED PERSON OR A TRADER UNDER HIS/HER OWN RESPONSIBILITY.
A person who has been convicted of an intentional offence shall not be able to practice a profession or art subject to the permission of the above-mentioned persons. At the same time, the convicted person shall not be able to carry out the aforementioned works under his/her own responsibility.
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