TCK 53 Return of Rights to Memnu
introduction
In our criminal law system, sentencing decisions for the crime committed are not limited to imprisonment or a judicial fine only. Sanctions of deprivation of certain rights provided for in Article 53 of the Turkish Penitentiary Code appear as a natural consequence of imprisonment. Among these deprivation of rights are many fundamental rights and freedoms, such as the right to choose and be elected, the right to custody, and the prohibition of holding public office. However, with the institution of the return of satisfied rights, a person can regain these rights if certain conditions are met.
TCK 53;
1) as a result of the statutory sentence of the person to imprisonment for a crime committed intentionally;
a) to assume a permanent, temporary or temporary public office; to this extent, from membership in the Grand National Assembly of Turkey or employment in all civil servants and services that are subject to appointment or election, given by the State, province, municipality, village or institutions under their supervision and supervision,
b) From the license to elect and to be elected,
c) the right to custody; to perform a service of guardianship or trusteeship,
d) From being a director or auditor of legal entities of foundations, associations, unions, companies, cooperatives and political parties,
e) to exercise a profession or art subject to the permission of a public institution or professional body of a public institution as a public institution, as a self-employed person or trader, under his own responsibility;
Deprived.
(2) The person may not exercise these rights until the execution of the prison sentence for which he was convicted for the crime committed is completed.
(3) The provisions of the above paragraphs shall not apply with respect to the powers of custody, guardianship and trusteeship of a person whose sentence is suspended or whose sentence is executed or conditionally released by the application of a measure of supervised release. It may be decided not to apply the deprivation of rights referred to in paragraph 1 (e) of the first paragraph in respect of a convicted person whose sentence has been suspended or whose sentence has been executed or released on parole.
(4) Paragraph 1 shall not apply to persons who have had a short term of imprisonment suspended or who were not eighteen years of age at the time of their actual commission.
(5) In the event of conviction to imprisonment for offences committed by the abuse of one of the rights and powers referred to in the first paragraph, it shall also be decided to prohibit the exercise of such rights and powers up to one half of the sentence imposed for execution after the execution of the sentence. As a result of crimes committed by abuse of one of these rights and powers, it is decided to prohibit the exercise of this right and authority only in the case of a conviction for judicial punishment, up to one-half of the number of days specified in the provision. The period related to the prohibition imposed upon the finalization of the sentence is to be carried out from the full execution of the judicial fine starts.
(6) In the event of a conviction for an indictable offence committed for not less than three months and not more than three years, a decision may be made to revoke the driving licence in the event of a conviction for an indictable offence committed in breach of the obligation of attention and care required by a particular profession or art or traffic regulations. Prohibition and revocation enter into force with the finalization of the sentence, and the period begins to operate from the full execution of the sentence.
Deprivations of Rights Regulated in TCK 53
According to Article 53 of the Turkish Penal Code, a person under conviction shall:
- may be banned from public services,
- may lose the right to vote and be elected,
- cannot exercise family law rights such as custody, guardianship and alimony,
- Cannot serve in associations, foundations or political parties.
Such deprivation of rights may continue even after the execution of the sentence has been completed. It is at this point that the institution of the return of satisfied rights comes into play.
What is the Return of the Rights of Satisfaction?
The return of rights is the restoration of rights lost due to conviction, by a court decision. In other words, by a court decision, the obstacle to the person's ability to exercise their political, civil and social rights is removed.
This institution has the purpose of legal rehabilitation and is aimed at the restoration of a person to society.
Terms of Return of Rights in Memnu
The presence of the following conditions is sought for the return of satisfied rights:
1. Completion of criminal execution — Imprisonment or judicial fine must be fully executed.
2. Good standing condition — The person must not commit a new crime for at least 3 years after completing his sentence.
3. Court decision — Return of Memnu rights takes place by court decision. The person applies to the court where the execution is completed.
Application Process
The person or his representative applies to the court with a petition for the return of the rights to the satisfaction. In the application, documents on the completion of the execution of the sentence, criminal record and documents of good standing must be submitted.
In case of acceptance of the application, the court returns the satisfaction rights of the person with the finalization of the decision.
Judgment in the light of Supreme Court Decisions
In the practice of the Supreme Court, it is observed that decisions on the return of satisfied rights are subject to individual consideration. Taking into account the person's criminal history, social harmony and well-being, a decision is made in the direction of the return of rights.
For example; the Supreme Court accepts requests from people who have not committed crimes for a long time after serving their sentence and do not leave a negative impression on society.
consequence
The return of satisfied rights is an important institution in our criminal law in terms of the restoration of the individual to society. This institution ensures the reintegration of the individual into society, since the fact that the offender experiences deprivation of rights throughout his life will undermine the sense of justice.
If you also want to regain your satisfaction rights after conviction, you can initiate the legal process through a criminal lawyer.
KEYWORDS: Remuneration of rights, criminal, lawyer, serious criminal lawyer, İstanbul