ARTICLE 53 OF THE TURKISH CRIMINAL LAW-WHAT IS DENIED FROM USE OF CERTAIN RIGHTS?
Deprivation of Certain Rights regulated by TCK 53 is not a punishment, but a precaution in addition to a criminal conviction. This measure, which we frequently encounter in indictments or criminal cases, is thought to be a criminal provision by people. However, this provision is the legal consequence of the prison sentence. With this measure, your use of some rights will be restricted. Restrictions are various measures such as deprivation of custody and guardianship powers, being a political party director or the right to vote and be elected. The measure of deprivation of certain rights is applied in crimes committed intentionally. It will be an exceptional situation to apply this measure in crimes committed by negligence. Detailed information on the subject will be explained below.
TCK 53/1. ARTICLE- PRISONMENT WHAT IS DENIED CERTAIN RIGHTS AS A RESULT OF CONSEQUENCE?
If the person is sentenced to imprisonment for the crime he has committed intentionally, he is deprived of certain rights listed in TCK 51/1 as a necessary consequence.
The measures enumerated in Article 51/1 of the TCK will be applied automatically as a legal consequence of this punishment, if the person commits a crime deliberately and as a result is sentenced to imprisonment by the court. These people will be deprived of the rights listed below. The court will not give the measure of deprivation of certain rights at its own discretion. If you have a prison sentence for an intentionally committed crime, TCK 53/1 will be enforced against you and a measure of deprivation of certain rights will be applied.
TCK 53/1. Your rights to be restricted in accordance with the article are as follows:
A. DISCLAIMER OF ASSEMBLING A PERMANENT, TEMPORARY OR TEMPORARY PUBLIC SERVICE.
The first of the deprivations of rights listed in TCK 53/1 is deprivation from undertaking public office. The article listed which public duties are included in this deprivation. These deficiencies
Member of the Turkish Grand National Assembly,
Public duty given by the state, province, municipality, village or institutions and organizations under their control and supervision,
It is the deprivation of employment in all civil service and services subject to appointment or election.
It should be emphasized that these deprivations of rights are only applied as a result of intentionally committed crimes. These deprivations of rights do not apply to crimes committed by negligence.
B. THE LICENSE TO ELECT AND BE ELECTED IS DENIED.
Person convicted of intentional crime TCK m. He will be deprived of the right to vote and be elected under 53/1. In other words, the person who commits an intentional crime will not be able to vote or be a candidate during his conviction. However, this deprivation is not applied in negligent crimes.
C. ABOUT GUARDIAN; THE GUARDIAN OR GUARANTEED SERVICE IS DENIED.
By law, children under the age of 18 are considered children and the joint custody of the children belongs to their parents. However, the right of custody of the person who commits an intentional crime and is convicted of this crime is taken away.
The exceptional provision here is TCK 53/3. is the item. That is, the provision of the above paragraph shall not be applied in terms of the custody, guardianship or trusteeship powers of the person whose prison sentence has been suspended or whose conditional release has been decided upon. You can read the details about this item below.
D. LEGAL ENTITIES SUCH AS FOUNDATION, ASSOCIATION, UNION, COMPANY, COOPERATIVE AND POLITICAL PARTY ARE DENIED TO BE AN ADMINISTRATOR OR AUDITOR.
A person who has committed an intentional crime and has been sentenced to imprisonment shall not be able to act as a manager or auditor. Since the law only restricts the duties of management and supervision, there is no deprivation regarding other duties.
E. A VOCATION OR ART SUBJECT TO THE PERMISSION OF A PUBLIC INSTITUTION OR A PUBLIC INSTITUTIONAL PROFESSIONAL ORGANIZATION IS DENIED TO PERFORM AT HIS OWN RESPONSIBILITY AS A PROFESSIONAL OR MERCHANT.
A person who has been sentenced for a crime he has committed intentionally will not be able to practice a profession or art that depends on the permission of the above-mentioned people. At the same time, the works deemed to be under the responsibility of the convicted person cannot be performed.
