The General Directorate of Criminal Registry is responsible for the maintenance and storage of criminal registry records. It can be said that the General Directorate of Criminal Records keeps the arbitrariness of archiving deleted criminal records limited to crimes that are clearly stated to be disgraceful in the relevant laws. Since the ambiguity of a disgraceful crime can create the result that some crimes give rise to other and more severe penalties, it is imperative that human rights and the universal declaration of human rights and our own Constitution be regulated taking into account the principle of “There are no lawless crimes and punishments”. Again, the prohibition of comparisons in criminal law also contradicts the basic principles of law, since the opportunity is given to reproduce the crimes in question by analogy with the preposition “like”.
For this reason, it is not considered healthy to leave such an important issue in terms of fundamental rights and freedoms to the discretion of judicial organs, especially the administration. However, in the amendments made to the Special Criminal Codes by Law No. 5786 dated 10.07.2008, the terms “disgraceful crime and such” were not used, crimes were counted individually. As there are common crimes used in all laws, the crimes counted in some special laws are not counted in some other special laws.
Crimes that are considered disgraceful are deleted from the judicial record, but are recorded in the archive. The criminal record and the archive record are different from each other in this respect. The deletion of the archive record in these crimes is subject to Article 12 of the Criminal Registry Law No. 5352. The conditions in the article must be fulfilled. These conditions are in accordance with the aforementioned article of the law:
“Archive information;
a) Upon the death of the person concerned,
b) From the date on which the conditions for recording the record in terms of convictions that cause deprivation of rights in laws other than the Turkish Criminal Code with Article 76 of the Constitution have been established;
1. Fifteen years have passed, provided that a decision is made to restore the prohibited rights,
2. With the passage of thirty years without the condition of making a decision on the return of prohibited rights,
c) In respect of other convictions, the record is completely deleted after five years have elapsed from the date on which the conditions for taking it into the archive have occurred.
(2) If the act is decriminalized by law, the judicial record and archive records related to the conviction for this crime shall be completely deleted without seeking a request.
(3) the reversal in favor of acquittal or criminal law or the provision not given as the result of a retrial verdict in the case of judicial record and archive previous convictions on record is not deleted completely.
(4) The records regarding the security measures imposed due to mental illness shall be completely deleted upon the completion of the execution.” Is arranged in the form.
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