Disgraceful crimes are types of crimes that constitute an obstacle to entry into the civil service according to the Civil Servants Law No. 657 and to recruitment according to the Labor Law, which creates the basis for the termination of the ongoing employment contract without compensation. For this reason, the issue of whether the crime is disgraceful or not is shaped according to the special law to be applied about it. The types of crimes considered as disgraceful crimes can be listed as follows according to special laws:
Crime of theft (Article 141 of the Turkish Penal Code)
Crime of fraud (Article 157 of the Turkish Penal Code)
Crime of abuse of trust (Article 155 of the Turkish Penal Code)
Crime of abuse of office (Article 257 of the Turkish Penal Code)
Crime of bribery (Article 252 of the Turkish Penal Code)
Crime of apostasy (Article 250 of the Turkish Penal Code)
Crime of embezzlement (Article 247 of the Turkish Penal Code)
Crime of forgery in a private document (Article 207 of the Turkish Penal Code)
Crime of forgery in official documents (Article 204 of the Turkish Penal Code)
Crime of forgery in money (Article 197 of the Turkish Penal Code)
Crime of forgery on a valuable stamp (Article 199 of the Turkish Penal Code)
Crime of forgery in the seal (Article 141 of the Turkish Penal Code)
The crime of fraudulent bankruptcy (Article 161 of the Turkish Penal Code)
IN WHICH LAWS IS THE 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:
The Constitution of 1982 No. 2709 m.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 inciting and encouraging such acts with one of the crimes cannot be elected as deputies, even if they have been pardoned.”
Article of the Law No. 2839 on the Election of Deputies.11: “1. (Changed 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 of the Law on Political Parties No. 2820.11/b–2: “2 – (Changed 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. (Changed lower bent: 10/01/1991 – 3697/1 art.; Changed subtitle: 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 clause: 11/09/1987 – Decree Law 276/3 art., Accepted Exactly: 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 the crimes of revealing state secrets or not to be under investigation or prosecution for these crimes or for an act that requires a punishment binding on freedom for more than three months, except for tax crimes.”
Law No. 6136 on Firearms and Knives and Other Tools m.7/end: “(Different idea: 23/02/2000 – 4534/1. md.; Different idea: 23/01/2008-5728 p.K./154.art) Those convicted of crimes committed with firearms and those sentenced to a prison sentence of more than one year or six months for crimes covered by this Law, except for installment crimes, may not be allowed to carry firearms, even if they have been pardoned.”
Article 3568 of the Law on Certified Public Accountant and Certified Public Accountant.4/d: “d) (Changed bent: 10.07.2008 – 5786 p.K./2. md.) 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.”
m of the Law on Advocacy No. 1136.5: “a) (Amended bend: 02/05/2001 – 4667/5. md.; Variously 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.”
Notarial Law No. 1512 m.7: “5. Not to have been convicted of a crime disgraceful to a final decision or a crime requiring severe imprisonment with a prison sentence of one year or more for absolute or intentional crime,”
Law No. 6197 on Pharmacists and Pharmacies m.4/A: (Changed bent: 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”
article of the Collective Bargaining Agreement, Strike and Lockout Law No. 2822.56/4: (Changed bent: 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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