53 Of The Turkish Criminal Code Article What Is The Deprivation Of Certain Rights?
Deprivation of Certain Rights regulated by TCK 53 is not a punishment, but a measure october in addition to a criminal conviction. This measure, which we often find in indictments or criminal cases, is considered by people to be a criminal provision. However, this provision is the legal result of a prison sentence conviction. With this measure, your use of certain rights will be restricted. Restrictions are various measures, such as deprivation of custody and guardianship powers, holding political party leadership, or the right to elect and be elected. The measure of deprivation of certain rights is resorted to in cases of deliberately committed crimes. It will be an exceptional case to resort to this measure in cases of crimes committed by taxi. Detailed information on the topic will be described below.
TCK 53/1. Article – Imprisonment What Is Deprivation Of Certain Rights A A Result Of A Conviction?
If a person is sentenced to imprisonment for a crime that he has committed intentionally, as a mandatory result of this, he is deprived of certain rights that are listed in TCK 51/1.
The measures listed in Article 51/1 of the TCK will be applied spontaneously as a legal result of this punishment if a person commits a crime intentionally and, as a result, a prison sentence is imposed on him by a court. These persons will be deprived of the rights that we will list below. The court will not take the measure of deprivation of certain rights at its own discretion. If there is a prison sentence imposed on you for a deliberately committed crime, TCK 53/1 will be applied to you on a mandatory basis and a measure of deprivation of certain rights will be applied.
TCK 53/1. Rights are curtailed pursuant to Article:
He Is Deprived Of The Obligation To Perform A Permanent , Temporary Or Temporary Public Duty
The first of the rights deprivations listed in TCK 53/1 is deprivation of the performance of public duty. The article of the law counted which public duties are included in this deprivation. These deprivations,
- Membership of the Grand National Assembly of Turkey,
- A public duty assigned by the state, province, municipality, village, or institutions and organizations under their supervision and supervision,
- Deprivation of the duties of employment in all civil servants and services subject to appointment or election.
It is important to note that these deprivation of rights are applied only as a result of deliberately committed crimes. These deprivation of rights do not apply to crimes committed by taxi.
- He Is Deprived Of The Right To Choose And Be Be Elected
The person who has been convicted of a premeditated crime is TCK M. he will be deprived of the right to choose and be elected in accordance with 53/1. In other words, a person who commits a deliberate crime will not be able to vote and become a candidate for the duration of the conviction. However, this deprivation is not applied in the case of taxi crimes.
- He Is Deprived Of The Right To Custody; To Provide Guardianship Or Trusteeship Services
By law, children under the age of 18 are considered children, and joint custody of children belongs to their parents. However, the right to custody owned by the person who has committed a deliberate crime and has been convicted of this crime is taken away from him.
The exceptional provision here is TCK 53/3. it is a substance. As a matter of fact, the provision of the above paragraph will not apply to the custody, guardianship or trusteeship powers of the person whose prison sentence has been postponed or whose conditional release has been decided on his/her own child. You can read the details about this article below.
- He Is Deprived Of The Right To Be A Manager Or Auditor Of Legal Entitited Such As Foundations, Associations Trade Unions Companies Cooperatives And Political Parties
A person who has committed a deliberate crime and has been sentenced to a prison sentence will not be able to work as an administrator or auditor in the places where he is considered a person. Since the law restricts only the duties of manager and auditor, there is no deprivation of other duties.
- A Profession Or Art Subject To The Permission Of A Public Institution Or A Professianl Organization That Is A Public Institution Is Deprived Of Performing As A Self Employed Person Or Trader Under Its Own Responsibility
A person who has been convicted of a deliberate crime will not be able to practice a profession or art subject to the permission of the foregoing. At the same time, the works that are considered to be under the responsibility of the convicted person cannot be executed.