General Directorate of Judicial Registry is responsible for keeping and keeping the criminal records. It can be said that the General Directorate of Criminal Records limits the archiving of deleted criminal records to crimes that are clearly stated to be disgraceful in the relevant laws. Since the uncertainty of a disgraceful crime may result in some crimes resulting in other and more severe penalties, it is imperative that the universal declaration of human rights and human rights and our Constitution be drawn up with the principle of “There is no crime or punishment without law”. Again, the prohibition of comparison in criminal law contradicts the basic principles of law, as the preposition “like” gives an opportunity to reproduce the crimes in question by making analogies.
For this reason, it does not seem healthy to leave such an important issue in terms of fundamental rights and freedoms to the discretion of the judicial organs, especially the administration. However, in the amendments made to the Special Penal Codes with the Law No. 5786 dated 10.07.2008, the terms “infamous crime and such” were not used, and the crimes were counted one by one. As there are common crimes in all laws, crimes listed in some special laws are not listed in some other special laws.
Offenses deemed shameful are deleted from the criminal record, but are recorded in the archive. Criminal record and archive record are different from each other in this respect. If the archive record is deleted in these crimes, the conditions in Article 12 of the Criminal Records Law No. 5352 must be fulfilled. These conditions are in accordance with the aforementioned article of law:
“Archive information;
a) Upon the death of the person concerned,
b) As of the date on which the conditions for archiving the record occur in terms of convictions that cause a deprivation of rights in laws other than the Turkish Penal Code with Article 76 of the Constitution;
1. After fifteen years, provided that the decision to restore the prohibited rights is taken,
2. After thirty years without requiring a decision to restore the prohibited rights,
c) In terms of other convictions, it is completely deleted after five years from the date of archiving of the record.
(2) In the event that the act is decriminalized by law, the judicial and archive records regarding the conviction for this crime are completely deleted without any request.
(3) In the event that the verdict of acquittal or non-punishment given as a result of reversing for the benefit of the law or reopening the trial becomes final, the criminal record and archive record regarding the previous conviction shall be deleted completely.
(4) The records regarding the security measures ordered due to mental illness are completely deleted upon the completion of their execution.” It is arranged in the form.
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