Disgraceful crimes are types of crimes that constitute an obstacle to entry into civil service in accordance with the Civil Servants’ Code No. 657 and recruitment in accordance with the Labor Code, creating a basis for the termination of an ongoing employment contract without compensation. For this reason, the issue of whether the crime is disgraceful is shaped according to the special law to be applied to it. According to the special laws, the types of crimes that are considered disgraceful crimes can be listed as follows:
Crime of theft (Article 141 of the Turkish Criminal Code)
Crime of fraud (Article 157 of the Turkish Penal Code)
Crime of abuse of trust (Article 155 of the Turkish Penal Code)
Offense of misconduct in office (Article 257 of the Turkish Penal Code)
Crime of bribery (Article 252 of the Turkish Penal Code)
Crime of contact (Article 250 of the Turkish Criminal Code)
Crime of embezzlement (Article 247 of the Turkish Penal Code)
The crime of forgery in a private document (Article 207 of the Turkish Criminal Code)
Crime of forgery of official documents (Article 204 of the Turkish Penal Code)
The crime of forgery of money (Article 197 of the Turkish Penal Code)
The crime of forgery on a precious stamp (Article 199 of the Turkish Penal Code)
Crime of forgery of seals (Article 141 of the Turkish Penal Code)
Fraudulent bankruptcy crime (Article 161 of the Turkish Penal Code)
IN WHICH LAWS IS THERE A CONCEPT OF ”DISGRACEFUL CRIMES”?
the concept of disgraceful crime has been removed from most laws due to various controversies. The main laws that continue to be used are:
Article 2709 of the Constitution of 1982 no.76/2: “at least Primary School graduates and those who are not incapacitated, required those who evaded military service, public service, and banned from a total of a year or more of imprisonment, except for crimes of negligence heavy with the ones convicted to imprisonment, embezzlement, ihtilas, extortion, bribery, theft, fraud, forgery, abuse of faith, such as bankruptcy dolanli heinous crimes, smuggling, and trades on the official auction rigging, exposing state secrets, those who have been convicted of participating in terrorist acts and one of the crimes of incitement and incitement to such acts cannot be elected deputies, even if they have been pardoned.”
Law No. 2839 on the Election of Deputies m.11: “1. (Amended lower bend: 02.01.2003 4778 p.K./15. md. Simple and qualified embezzlement, extortion, bribery, theft, fraud, forgery, abuse of faith, with heinous crimes such as smuggling and smuggling offences outside bankruptcy dolanli using the substitution effect, the official auction and convict someone of a crime or disclosure of state secrets, the ones rigging trades”
Article 2820 of the Law on Political Parties.11/b-2: “2 – (Amended lower bend: 02.01.2003 – 4778 p.K./7. md. Simple and qualified embezzlement, extortion, bribery, theft, fraud, forgery, abuse of faith, with heinous crimes such as smuggling and smuggling offences outside bankruptcy dolanli using the substitution effect, the official auction rigging ones convict someone of a crime or the disclosure of state secrets and trades
Law No. 657 on Civil Servants m.48/5: “5. (Amended subparagraph: 10/01/1991 – 3697/1 art.; Amended sub-item: 23/01/2008-5728 p.K./317.mad) Even if the periods specified in Article 53 of the Turkish Criminal Code have passed; for a period of one year or more of imprisonment for a crime committed deliberately or forgiveness even if it has been crimes against the security of the state, crimes against the constitutional order and the functioning of this order, the national defense against crimes, crimes against national security and espionage, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging to the performance of the obligation, the values of the assets from crime is not to be convicted of the crime of smuggling and laundering.”
Law No. 2802 on Judges and Prosecutors m.8/h: “h) (Amended on: 11/09/1987 – DECREE 276/3 art., Exactly Accepted: 24/02/1988 – 3409/3 md.), Except for crimes of negligence, ( … ), even though the state has been three months imprisonment or a forgiveness of crimes against the personality of embezzlement, ihtilas, extortion, bribery, theft, fraud, forgery, abuse of faith, such as bankruptcy or honour or dignity of a crime or disgraceful dolanli trafficking, the official auction rigging and trades, Not to be convicted of crimes of revealing state secrets or not to be under investigation or prosecution for these crimes or for an act requiring a non-binding sentence of more than three months, except for parsimonious crimes.”
Law No. 6136 On Firearms and Knives, as well as Other Tools m.7/end: “(Changed opinion: 23/02/2000 – 4534/1. md.; Different opinion: 23/01/2008-5728 p.K./154.mad) Those convicted of crimes committed with firearms, as well as those sentenced to imprisonment for more than one year or six months for crimes covered by this Law, with the exception of pardons, cannot be granted permission to carry a firearm, even if they have been pardoned.”
Law No. 3568 on Certified Public Accountant and Chartered Accountant m.4/d: “d) (Amended on: 10.07.2008 – 5786 p.K./2. md.) Even if the periods specified in Article 53 of the Turkish Penal Code have passed; for a period of one year or more of imprisonment for a crime committed deliberately or forgiveness even if it has been crimes against the security of the state, crimes against the constitutional order and the functioning of this order, the national defense against crimes, crimes against national security and espionage, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging to the performance of the obligation, the values of the assets from crime is not to be convicted of the crime of smuggling and laundering.”
Law No. 1136 on Advocacy m.5: “a) (Amended bend: 02/05/2001 – 4667/5. md.; Different bent. 23/01/2008-5728 p.K./326.mad) Even if the periods specified in Article 53 of the Turkish Criminal Code have passed; deliberately or to imprisonment for a period of more than two years for a crime committed crimes against the security of the state, crimes against the constitutional order and the functioning of this order, the national defense against crimes, crimes against national security and espionage, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging to the performance of the obligation, the values of the assets from crime to be convicted of the crime of laundering and smuggling.”
Notary Public Law No. 1512 m.7: “5. Not to be convicted of a disgraceful crime or a crime requiring severe imprisonment in absolute terms or a deliberate crime with a prison sentence of one year or more to a final decision,”
Law No. 6197 on Pharmacists and Pharmacies m.4/A: (Amended on: 23.01.2008-5728 p.K.) “Even if the periods specified in Article 53 of the Turkish Penal Code have passed; for a period of five or more years for a crime committed deliberately or crimes against the security of the state, crimes against the constitutional order and the functioning of this order, crimes against national defense, national security and espionage crimes against Public Health crimes against embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging to the performance of the obligation, the values of the assets from crime and smuggling crimes be sentenced to imprisonment for laundering”
Collective Bargaining Agreement No. 2822, Strike and Lockout Law m.56/4: (Amended on: 23.01.2008-5728 p.K.) “4. Even if the periods specified in Article 53 of the Turkish Criminal Code have passed; for a period of one year or more of imprisonment for a crime committed deliberately or against state security crimes, crimes against the constitutional order and the functioning of this order, the national defense against crimes, crimes against national security and espionage, embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, bid rigging, rigging to the performance of the obligation, the values of the assets from the lack of conviction of crime laundering and smuggling crimes and not be employed in the organs of political parties.”
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