Return Of Prohibited Rights - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Return Of Prohibited Rights

01 Nov Return Of Prohibited Rights

Posted at 02:07h in General by
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What is the Return of Prohibited Rights?

It is a criminal law institution that abolishes the prohibition of prohibited rights, in other words, the prohibition of prohibited rights, and the prohibitions imposed by a law other than the Turkish Penal Code on conviction.

Article 5237 of the Penal Code stipulates that, together with the execution of the sentence, the person shall be entitled to recover all prohibited rights. However, some special laws other than TCK have provisions that prevent convicts from exercising certain rights due to conviction. For example, although the sentence was executed according to the Turkish Penal Code; Law, law, financial advisory, civil service, such as the profession to do with the special laws of the profession is prohibited. To get rid of this prohibition, the convict must also apply to the court to obtain restitution of restitution rights.

In short, the restitution of prohibited rights is regulated to eliminate the negative consequences of the criminal convictions outside the TCK.

Conditions for the Return of Prohibited Rights

In accordance with Article 13 / A of Law No. 5352 on the registration of prohibited rights under Article 13 / A, it is compulsory to have three conditions:

1-The first condition for the restitution of prohibited rights is the execution of the convicted sentence. The imposition of the sentence does not mean that the convict is released from the prison by conditional release. It is also the execution of the whole period of the criminal court’s conviction by completing the period of external supervision of the convicted released convict. For example, if the convict has been punished for 8 years by a criminal court ruling and 6 years after being released in prison, he / she will be executed if the remaining 2 years are spent outside. The convicted prisoner may request the return of prohibited rights.

2-The second condition for the return of prohibited rights is that a period of 3 years has passed since the execution of the sentence. If no more than three years have elapsed since the execution of the sentence, it is forbidden to demand that the prohibited rights be returned.

3-The third condition for extradition of prohibited rights is that the convicts do not commit a new offense during this period, including the 3-year period of execution of the sentence and the conviction in the court that he / she continues to live in a ve good condition 3. In practice, the courts accept the convict as emiş good Uygulam if the convict has not committed a crime and does not have a clearly known negative feature.

A petition must be filed with the competent court to request the return of prohibited rights. Requests for restitution of prohibited rights may be submitted to the court through a criminal lawyer or any lawyer.

Jurisdiction for the Restitution of Prohibited Rights

There are two jurisdictions authorized to decide on the return of prohibited rights:

1-The decision to extradite prohibited rights may be granted by the court where the convict is tried. The court, which gives the court the most appropriate court for the request for the extradition of the prohibited rights, is the court which gives more easily the content of the conviction.

2-If the convict has been resident in a place other than the court, the convict may apply to a court with the same court as his / her conviction. For example, the person who was tried by the Antalya 1 st High Criminal Court and whose convictions are convicted may apply to the Izmir Sentry High Criminal Court in Izmir. In this case, the court in İzmir decides whether to return the convicted rights by bringing the conviction and relevant documents from the court in Antalya.

Let us point out that the convict has the right to choose any of these two courts. However, the court that issued the conviction will make all the documents easier to decide than it is in place.

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