According to Article 131 of the Civil Servants Law No. 657, “The fact that the civil servant is or has not been convicted under the criminal law cannot prevent the imposition of a disciplinary penalty.” As can be understood from this provision, the decision of acquittal or conviction given in the criminal trial does not affect the disciplinary investigation. The disciplinary chief may impose disciplinary punishment on the officer based on his own evaluations.<\/p>\n
However, evidence and findings arising from criminal proceedings may be taken into account in the disciplinary investigation. For example, if a criminal case has been filed against an officer for the crime of embezzlement and evidence has emerged that the officer committed the crime of embezzlement, the disciplinary chief may evaluate this evidence in the disciplinary investigation and give the officer a disciplinary penalty for the crime of embezzlement.<\/p>\n
Conducting Criminal Trial and Disciplinary Investigation Together:<\/p>\n
Although criminal proceedings and disciplinary investigations concern the same incident, these two processes are carried out independently. The disciplinary chief may initiate and conclude the disciplinary investigation without waiting for the outcome of the criminal trial. Likewise, the criminal court can make a decision without waiting for the outcome of the disciplinary investigation.<\/p>\n
Points to Consider:
\nCriminal proceedings and disciplinary investigation processes are carried out within the framework of different rules. Therefore, it is important to seek legal assistance in both processes separately.
\nThe disciplinary chief must evaluate the evidence revealed in the criminal proceedings during the disciplinary investigation in accordance with the law.
\nThe acquittal decision given in the criminal trial does not constitute an obstacle to the imposition of disciplinary punishment in the disciplinary investigation.","protected":false},"excerpt":{"rendered":"
It regulates sanctions against civil servants who do not comply with the required rules of discipline and ethics. Evaluation Criteria: While the legal elements of the crime are taken into account in criminal proceedings, the officer’s duty-related behavior and the compliance of these behaviors with the requirements of public service are evaluated in disciplinary investigation. […]<\/p>\n","protected":false},"author":12,"featured_media":4539,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4538","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4538","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=4538"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4538\/revisions"}],"predecessor-version":[{"id":4540,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4538\/revisions\/4540"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/4539"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=4538"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=4538"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=4538"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}