Abstract:

In order to be a civil servant within the Turkish public personnel regime, it is necessary to hold the general and special provisions set out in the Code of Civil Servants. To be taken into employee status; as well as specific provisions provided for institutions’ own law or private legislation, there exists general provisions like citizenship, education, age, military service, health conditions, not to be banned from public rights, not to be sentenced imprisonment more than any limited period and not to be convicted for some certain crimes. Without carrying these qualifications being a civil servant is not possible besides losing any of these qualifications during the time terminates the status. In Turkish law system the capability of being a civil servant may be lost because of imprisonment. Especially every kind of convection for the crimes listed by the article 48/A-5 of Code of Civil Servants terminates the employee status. Even the institutions such as amnesty and postponement can’t omit this incapability situation. This case limits and makes it harder for the convicted to return back to society even after the execution of crime. Despites the harmonizations connected with the recent alterations of Criminal Code it couldn’t relieve ambiguity and disagreements. Even it got more complicated. Although the solution of these problems needed some legal amendments, it is in bounds of possibility to overcome of such problems by the practitioners

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