Adalet Dergisi

Abstract

In order to protect social order, acts that are contrary to the la and the legal system have been subject to various penalties. In order to monitor hether the penalties have been carried out and to follo up on their execution, as ell as to prevent repeat crimes, official authorities must record these sanctions. In our la, the penalties and security measures that individuals are subject to are recorded in a document called a criminal record.
The General Directorate of Criminal Records and Statistics is tasked ith keeping, monitoring and deleting criminal records and archive information. In order to ensure uniformity in the evaluation of records and the conditions related to the records, it has been preferred that a single unit be authorized. The fact that the conditions for deletion contain detailed information makes it difficult to be a judge on these issues. For this reason, it is an extremely appropriate practice to have examinations and inspections carried out by judges ho are experts in this field in order to prevent negative consequences against the relevant parties.
In this study, explanations ere made regarding the regulations in the Criminal Records La No. 5352 and special las regulating this issue regarding the deletion of records. In this context, an evaluation as made on the types of records that can be processed in criminal records and archive records and the types that cannot be processed, the periods for deletion of existing records and the institutions that are effective in determining these periods. The points here the deletion periods differ from the general rules, such as being underage, negligent crimes, mental illness, and foreign convictions against Turkish citizens, ere explained in detail. In addition, hile the current rules ere conveyed, the inequalities created by the rules that emerged ith different las in the process and the situations that contradicted fairness ere also emphasized. The deficiencies in the erasure conditions of records related to minors, hich ere regulated in the repealed la but not regulated in the current la, the effects of prohibited rights on the erasure periods, and the consequences of the passivation of the Criminal Records La by special las are explained. In addition, the articles that need to be revised in the Criminal Records La and the suggestions that can be made in this context are clearly stated. The problems created in practice by the regulations in Article 12 and temporary Article 2 of the Criminal Records La, the need for change in this regard and the suggestions are examined in detail.