Constitutional Court ruling on 'infamous crime'

The Constitutional Court has concluded that the provision of "infamous crime", which is among the conditions stipulated for admission to or the continuation of a profession, is incompatible with the Constitution.

In the decision published in the Official Gazette, the High Court evaluated the term "infamous crime" which is among the conditions required to work as a customs consultant under the Customs Law.

According to the report on NTV, the decision pointed out that while the relevant regulation lists the specific crimes for which individuals would be barred from practicing as customs consultants, it subsequently includes the phrase "and similar infamous crimes."

Examining the file upon an objection by a court regarding the aforementioned phrase, the Constitutional Court stated that although some crimes that constitute an obstacle to the practice of customs consultancy are listed individually, there is also an ambiguous regulation stating that those who commit "infamous" crimes cannot practice this profession.

The decision emphasized that which crimes are to be considered within the scope of "infamous crime" is not clearly defined in the Turkish Penal Code either. In this context, the assessment was made that: "In a rule that conditions the practice of a profession on not having been convicted of certain crimes, it is necessary for the crimes within this scope to be regulated clearly and precisely, and for the rule not to contain expressions that would expand the scope of crimes preventing the practice of the profession and lead to arbitrary practices."

Stating that the regulation imposes a limitation on the right to work, the High Court determined that: "It has been concluded that the rule imposing a limitation on the right to work is not specific or predictable, does not contain sufficient safeguards against arbitrariness, and is incompatible with the requirement that fundamental rights and freedoms be limited by law."

The Constitutional Court unanimously annulled the term "infamous crime" in the Customs Law, finding it unconstitutional. It was stated that the decision also sets a precedent for other legal regulations containing the same expression.