The crime of forgery on an official document in Disciplinary Law
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Abstract (EN)
While the act of issuing false reports and documents by civil servants subject to the Civil Servant Law no. 657 should be punishable by "Suspension of Promotion", the elements of which are specified in article 125/D-f of the same law, and when it is subsequently determined that the crime has been committed, the aforementioned should be punishable by "Removal from Civil Service" as it constitutes a disgraceful crime per article 48 of the same law; there are widespread rulings by first-degree administrative courts, Regional Administrative Court and Council of State that the aforementioned has not committed a crime because "the civil servant has not acquired benefit" from this. The crime of forgery on an official document that the civil servant is authorized to issue as a requirement of their job has been defined in clause 2 of Article 204 as and in terms of constituting material element for the commissioning of a crime and violation of law, regards issuing the document to be sufficient. The aforementioned subject will be discussed with all its dimensions in reference to criminal and administrative justice precedents, and various suggestions will be made to resolve different practices on the same issue. Therefore, this study will also be beneficial for the administrative- agency or institutions where the judicial authorities and public officials are employed. In this framework, this study aims to ensure that a uniform application is enforced among the two different branches of justice, against the crime of forgery on an official document, to contribute to eliminating the hesitations experienced by civil servants in the organizations of their employment and create the groundwork for the necessary legal regulations to be issued.
Author
Batuhan Çatalçam
Institution
How to Cite
Batuhan Çatalçam (Master Thesis). The crime of forgery on an official document in Disciplinary Law, 2022, Tarsus University.
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