Period: 21 Legislative Year: 1 Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Affi Law On Some Crime And Punishment

Original Language Title: Dönem : 21 Yasama Yılı : 1 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. BAZI SUÇ VE CEZALARIN AFFINA İLİŞKİN KANUN

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Law No. 4453 Date of Admission: 08/28/1999
Article 1 - The purpose of this Act is to determine the principles and procedures for the forgiveness of some crime and punishment because of the Republic's 75 th year. scope
Article 2 - April 23, 1999 until the date of the crimes: 1. the foreseen in the relevant article of law personal liberty with the sanction of the upper limit of offenses exceeding twelve years or only a fine or ban from public service, or the failure of a profession or art, business closure or forfeiture penalty offenses and issued by another authority of the court will not be prosecuted for acts that require fine.
2. (1) in subsection because of the offenses referred to twelve years or less personal liberty binding a penalty or who have been convicted of such a sentence with or without fines or penalty of law by other bodies of the court paid, with ferry and supplementary punishments, fines they conviction of forgiveness to cover all the consequences. officers benefiting from this law, non-commissioned officers, noncommissioned officers and experts who specialize cut dismissed the gendarmes, military service can not be taken in again as the Armed Forces. Military students are unable to repeat the military students.
Crimes outside the scope
Article 3 - 1. No. 765 of the Turkish Penal Code: a) 125 to 157, 161, 162, 168, 169, 171, in the second paragraph of the 172 Article 312 Article b), 202, 205, 209, 211 to 214, 216 to 219, 383, 403 to 408, 414 to 418, 423, 429 to 431, 435, 436, 449, 450 and 503 to 506 in Articles c) 208, 232 to 234, 243, 264, 278, 296, 304, 305, in 311 Article, in paragraph 312 of Article 312 / a, 313 in articles, in the first paragraph of Article 314, 316, 317, 323, 324, 332 to 334, 336, 339 to 349, 350 to 357, 366, 367, 369, 370, 372, 382, ​​384 to 386, 388, 390 to 392, 394 to 397, 400, 401, 448, 495 to 499, 517, 525 / b and 525 / c substances in,
2. Escape, allowing the rape, the polling leakage, look no reserved or Except crimes in the Military Penal Code numbered 1632,
3. No. 1918 of the Law on Anti-Smuggling and Pursuit:
a) Article 30,
b) 26 to 29, 33 and Article 36 of,
4. No. 5816, the Law on Crimes Against Atatürk,
5. the 6136 Firearms, Knives and Other Tools in Article 12 of the Law on,
6. Forestry Law 6831 of 91 to 94, in articles 104 to 114,
7. In the 2863 issue of the Law on Protection of Cultural and Natural Heritage Article 68,
8. Facilitate goods No. 3628 on the Declaration on Combating Bribery and Corruption Law,
9. Anti-Terrorism Act of 3713,
10 4208 Black Prevention of Money Laundering, the Law on Control of the 2313 Narcotics, 657 Civil Servants Act and No. 178 on the Ministry of Finance of the Organization and Duties of the provisions of the Law on Amendments to the Decree 7th in Article
11. Taxes, duties and fees relating to the law,
12. Execution and Bankruptcy Law No. 2004, 331 to 345 / b in articles,
13. No. 3167 on the Regulation of Payments and the Czech Act on the Protection of pregnant in the first paragraph of Article 16,
The crimes listed are outside the scope of Article 2.
Except Student forgiveness, before re-offenders benefit from the amnesty, benefit from this law.
Criminal discount
ARTICLE 4 - crimes committed before 23 April 1999; 1. Article 3 of the first subparagraph (a) and (b) with sub-paragraph (3) subparagraph (a) in sub-paragraph and (4), (6), (8), (9), (10), ( 12) and (13) the number, except offenses specified in paragraph (1) subparagraph (c) and subparagraph (3) subparagraph (b) of the crimes covered by subparagraph and other paragraph:
a) converted to a life sentence of imprisonment of those sentenced to thirty years imprisonment.
b) the Müstakill; the other one-third of their personal personal liberty of those who were sentenced to imprisonment punishments at the time of the offenses has over fifteen years of age who have not completed the age of eighteen personal liberty of two-thirds of punishments; Half of the fines can not be executed.
2. except for the offenses set forth in Article 3, the remaining charges:
a) a life sentence for those sentenced to imprisonment translated into twenty-four years of imprisonment.

b) the Müstakill; Twelve years personal liberty of those who were sentenced to punishments personal liberty twelve years of sanction at the time of the offenses has completed the age of fifteen, eighteen years of personal imprisonment of those who have not completed the age of eighteen; All of the fines can not be executed.
Article 5 - are not taken into account in the implementation of the provisions of this Act muster. However, the sum of the conviction of those who benefit from this Act, shall not exceed the amount of the penalty given or can be given to the implementation of the provisions muster. Snooze
Article 6 - the rights of those who benefit from the provisions of this Act had not yet opened to the public proceedings, the date when this law enters into force; The detainees or convicts from the date of release in three years, negligent, except offenses, long-term personal imprisonment requiring crimes committed that if the public case law opens or earlier given personal liberty and executed executions have not been part of the fines and punishments are. Minors
Article 7 - Article 3 of the (1) subparagraph (a) and (b) with sub-paragraph (3) subparagraph (a) in sub-paragraph and (4), (6), (8), (9) and ( 10) except for the crimes contained in paragraph number, the date of the offenses can not be prosecuted for those who have not completed the age of fifteen; The award has previously penalties, the conviction of accessory and supplementary punishments have been forgiven to cover all the consequences. Escaped, permits in rape probe leak, look and reserved ones
Article 8 - 1 catch on account of any crime, the availability of which are in case of escape arrest or conviction, in the country for three months from the date of entry into force of this Act; while abroad if they surrender within six months apply to public authorities benefit from this law. 2. continents away or permit unauthorized or tasks around the time the polling leakage excuse those who have had, or look for hidden in three months in the country after the entry into force of this Act; If within six months abroad, benefit from the provisions of this Act apply to surrender on condition that the public authorities.
Confiscation and personal rights
ARTICLE 9 - 1. The provisions of the Law, a criminal conviction is not, and is used by law even in the absence of the perpetrator, making, transporting, possession of the goods constitutes a crime insertion sale and the country is not an obstacle to be confiscated. These items other than customs duties and other taxes levied on imports and pictures given to the owner upon payment of the storage fee and other expenses. 2. The provisions of this Act, for the crimes covered by the request will not affect individual rights that can be argued.
Criminal records are
Article 10 - General overcome completely eliminate registers of the shield is removed from the judicial record of the conviction judgment. The work of the same nature of the penalty for those who have not registered seat facility to record plant. These issues are related to the implementation of the transactions contemplated in the matter, the Ministry of Justice from the date of entry into force of this Act specified in the regulation to be issued within three months.
Release work and results
Article 11 - 1 release of prisoners benefiting from jobs provisions of this Law, from the date of entry into force of the Act shall be completed within twenty days. No release conditions are not present, they are released on the date of occurrence of these conditions. 2. 3713 Anti-Terrorism Act of provisional Article 1 (a) and (b) of paragraph, sentence given the same kind, regardless of the number of them applied to be executed as a single sentence.
3. This Act also conditional release before the date of entry into force with the release taking advantage of the provisions of this Act, from the date of release if they show good behavior in three years, the Turkish Penal Code, may request the return of divested rights in accordance with 121 and 122 Article by.
Higher education students to the new exam and the right to continue

Article 12 - 1 from 1989 to 1990 until the date of the academic year of the entry into force of this Law, preparatory classes for higher education institutions, from any class of high school and undergraduate education programs, no matter for whatever reason had slipped from the deleted or erased state or students who leave voluntarily, the date of entry into force of this Law, 1998-1999 academic year at the end of the students who are dismissed will be cut, since ceased their relationship to apply to higher education institutions for over two months and provided that they comply with the rules sought in accordance with regulations of the higher education institution failed they two exams and continue from where they were given the right to continue their education through to all courses. Exams are about to be made within two months following the deadline of higher education institutions are organized and implemented. This exam is given in the one make more for courses not successful to unsuccessful. Make-up exams are done within two months following the initial examination. 2. (1) the number in paragraphs specified academic year, whatever while seeing postgraduate education no matter the reason, registration is deleted or erased state from or to those who did not complete their studies within the period prescribed in the allotted or regulations voluntarily enter the qualifying exam, graduate (master) or for the courses they have failed, including doctoral thesis from the date of entry into force of this Act to apply to higher education institutions concerned within two months and the higher education institution entitled to two exam provided that they comply with the rules sought by the Office. All courses can not meet its projected grade point average in the state regulations they are successful or graduate (master) or enter a doctoral exam from three classes as they wish, the students that have been deleted they can not record two exams are entitled. 3. (1) Subparagraph up to the date of entry into force of this Act the specified academic year, Gulhane Military Medical Academy from excluding those dismissed due to the inheritance he has disciplinary jurisdiction, regardless of whatever reason, registration is deleted or erased state incoming or students who leave voluntarily, the date of entry into force of this Act; At the end of the 1998-1999 academic year, students who are dismissed will be cut from the date of the accompanying cut if they apply within two months to determine medical schools they study the Higher Education Board. Determined in accordance with the medical faculty of the legislation call for adjusting the condition that they abide by the rules, these students will be held, with 2547 provisional Article 40 of the Act as other students benefit from the provisions of this Act. 4. Higher Education Institutions and studying in the final year of the Open University, students suspended over postponement period be extended for another year, including once.
The status of trainee lawyers
Article 13 - before 23 April 1999, pursuant to the provisions of Article 11 of the No. 1136 Law on Lawyers, based on reason must be made in other jobs combined with advocacy and advocacy training, the training they have done as valid due to failure of the same law 72 Article of subparagraph (b) in accordance with the name of the bar plate writing the erased found with even though they have received training completion certificate for the same reason the bar inscribed prompts those who refused, on the written sheet bar board decisions Ministry of Justice not approved or written in the bar plates, if they apply to be separated from avukatlıkl merger jobs and are written to the bar plate, provided there are no further obstacles. In this way, legal internship in the bar which was written in the plate after making a avukatlıkl merger process and they deal with the lack of records deleted requirement of further obstacles. Who deleted the names internship listings, avukatlıkl in which they are separated from the combination that works and no other obstacles there as if from the date of publication of this Law shall be written back to the training list if they apply within three months and internships they did before deleting decision shall continue to apply counted internship. Deletion of these names will not be any further obstacles or on probation should be deleted from the list. they engaged in a process prior to the date of entry into force of this Act, in which about avukatlıkl incompatible or do her internship;
a) criminal prosecution will be made.
b) proceedings that began before stopped.

The penalties shall be imposed to cover the results were pardoned criminal conviction.
Thus penalties on lawyers and attorneys interns who had forgiven all of its results, to be accepted as a lawyer of the conviction on the basis of the Law on Lawyers and The license revoked by taking back the names and does not apply provisions for deletion from the plate to be written again.
Article 14 - This Law shall enter into force on the date of publication. Executive
Article 15 - This Law shall be enforced by the Council of Ministers.