……TO THE CRIMINAL COURT OF FIRST INSTANCE
SATISFACTION OF THEIR RIGHTS
GIVING BACK
WISHING :
T.C. :
SUBJECT : It is a request to remove the prohibition from public rights.
descriptions
l- My sentence given to me in the attached Criminal registry Archive record has been finalized. The execution of my sentence has been completed.
2-I have served my sentences within the framework of the law.
3-Since the other conditions sought by the law have been fulfilled, I would like to request that the ban be lifted from the public rights previously granted about me and the return of the rights I am happy with be decided,
4- Judicial register In order for my archive record to be deleted; “A decision must be taken to restore prohibited rights …. Because according to the law, my sentence, which is in my archive record, can be deleted in 15 years provided that the decision to return the “satisfied rights” is taken, and in case it is not taken, it can be deleted in 30 years.
5- I am satisfied with my rights: there are all the conditions required by law for extradition. Even if there are no rights prohibited by the court decision, it is necessary to have these penalties in the archive records of the judicial register and “Decide on the Restitution of Satisfied Rights ” according to both the doctrine and the Supreme Court Decisions, since it provides for the deprivation of rights in itself.
6- Supreme Court 13. 08/06/2017 Decision of the Criminal Division, dated 2017/2944 based on 2017/6886 decisions and verdicts, ” according to The Restitution of rights in concrete cases by the tribunal upon request …memnu, forbidden to bet that they do not have the right to decide on whether the decision is given, the deprivation of any rights in the defendant’s convictions, although it is not the concept of rights prohibited the presence of the archival record, including any criminal record of the defendant’s sentence was executed 13 of the Criminal Code, which is the date from the date of 07/08/1992 No. 5352/A item which is included in the 3-year period, it’s full of, it is understood that the defendant’s sentence relates to a law other than Law 5237, and then he did not commit a new crime, but it was understood that the court’s assessment was that the defendant continued his life in a good manner, regardless of the need to go down the path of restoring prohibited rights, since there was no hit in making a written decision, the need to overturn the decision was notified.Therefore, the request of the one who has been sentenced to imprisonment has been executed is in the form of restitution of his prohibited rights in accordance with Article 13/44 added to the Judicial Registration Code No. 5352 explained above, and a decision should be made according to the result by conducting research in this direction with the acceptance of the request by the court, while a decision should be made in writing to reject the request, again, since the date of entry into force of Law No. 6290 on 11/04/2012, the deletion of judicial records and archival records should be carried out exclusively by the General Directorate of Judicial Records and Statistics, since the request to break the law is deemed to be in place for the benefit of the ADOPTION of Istanbul Anadolu 17. The additional decision of the Magistrate’s Court dated October 17, 2016 and No. 1992/1164, No. 1992/1304, No. 309 of the CMK No. 5271. Article 4. the VIOLATION of paragraph (a) in accordance with subparagraph (a) is called ”. (October 3rd Sample Supreme Court Decision)
7- Again, the Supreme Court 2. According to the Decision of the Criminal Chamber dated 08/09/2014, Based on 2014/24589, 2014/19989 and decree “…the convict has NO RESTRICTED RIGHT to have a decision made on whether to dispose of all kinds of driver’s licenses sentenced as a result of a conviction and as a punishment, whether they are due to the Turkish Penal Code or a special law, “restitution of the rights of the convicted person THE DECISION THAT THERE IS NO ROOM FOR A DECISION TO BE MADE REGARDING THE BET REQUEST REQUIRED A REVERSAL. it is called “. (Appendix: 4 October Supreme Court Decision)
8- “In practice, it seems that some courts have decided that “there is no place for a decision to be made because the convict does not have a prohibited right” in relation to the applications of registrants for the return of prohibited rights. As seen above, prohibited the return of the rights to be decided because of a right conviction conviction is not required to be prohibited by special laws as a result of a lack of rights prompted the return of the banned section, it is believed that due to the emergence of rights. ” (Judge Süleyman TÜRKARSLAN, Legal Character of Criminal Record And its Expunging Conditions 1) Journal of the Court of Dispute, page 44
9-For these reasons, even if there is no prohibited right in the court decision, in accordance with the relevant Supreme Court decision, in order to delete the Archive record of the Judicial Record, it is necessary to decide on the Return of the Satisfied Rights.
10-In order to restore the prohibited rights, I ask and request that your Court decide to restore my prohibited rights to use my legal rights in Article 13 A of the Judicial Registration Law No. 5352, since the necessary conditions have been created that the Law has sought.
II- Since the sentence given by your court has been fulfilled and I have not committed any crime since then ; the law banned from meeting all other requirements of committing the offence giving back my rights about the history, the nature of the crime and the punishment of the amount of the penalty to be finalized and executed, and also of the sentence to be executed after the date of the crime, the crime of the records in the archival record and my criminal record to stay away from, and therefore considering the negative effects that it has made on the lives of my family, for my rights to request that your court banned the necessity to be given back contact has been achieved.
LEGAL REASONS: TCK, CMK, Article 13 /A of the Law on Judicial Registration, exemplary Court of Cassation
Decisions and all other legal evidence.
CONCLUSION AND REQUEST: For the reasons I have presented and explained above, the conditions for the return of prohibited rights have been created about me by conducting the necessary examination, PROHIBITED
I sincerely offer and request that your RIGHTS be decided (ON THE RETURN OF MY RIGHTS).31/05/2018
Name and Surname of the Applicant Requesting the Return of the Rights
ADDITIONAL:
1.Judicial Registration
2. … The Court’s Decision, which was Issued and Finalized by the Criminal Court of First Instance
3. Example Supreme Court decision (October 3)
4.Example Supreme Court Decision (October 4)
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