Not every criminal record is a bar. The Regulation lists offences one by one in three separate subparagraphs; the bar arises from those lists.

First List: Art. 8/1-ç

The subparagraph requires that the applicant has not been convicted in the following cases, even if the periods specified in Art. 53 of Turkish Penal Code No. 5237 have elapsed:

  • A sentence of five years or more of imprisonment for an intentional offence
  • Blackmail, theft, forgery, fraud, breach of trust
  • False testimony, perjury, defamation, fabricating an offence
  • Obscenity, prostitution, fraudulent bankruptcy
  • Embezzlement, extortion in office, bribery, smuggling
  • Rigging a tender, rigging the performance of an obligation
  • Laundering assets derived from crime
  • Offences against sexual inviolability
  • Offences against public peace
  • Offences against the constitutional order and its functioning
  • Offences against national defence
  • Offences against state secrets and espionage offences

Second List: Art. 8/1-d - Terrorism Offences

The subparagraph requires that the applicant has not been convicted of:

  • The terrorism offences listed in Art. 3 of Anti-Terror Law No. 3713
  • The offences committed for terrorist purposes listed in Art. 4 of Law No. 3713
  • The offences specified in Art. 6 of Law No. 3713
  • Offences under Art. 4 of Law No. 6415 on the Prevention of the Financing of Terrorism

Third List: Art. 8/1-e - Art. 25/2 of the Press Law

The subparagraph requires that the applicant has not been convicted of the offences in the second paragraph of Art. 25 of Law No. 5187. That paragraph lists the offences for which all copies of a printed work may be seized by judicial decision: Law No. 5816 on Offences Committed Against Atatürk, the reform laws listed in Art. 174 of the Constitution, certain articles of the former Penal Code No. 765, and the second and fifth paragraphs of Art. 7 of Law No. 3713.

Offences Not on the List

How the Check Is Made

Under Art. 29 the Directorate may request information and documents about applicants from the Directorate General of Criminal Records and Statistics, governorships, tax offices, the Social Security Institution, the Directorate General of Civil Registration and Citizenship Affairs, the Press Advertising Agency, and professional press organisations.

Art. 29/2: requests from those the Directorate finds not to meet the conditions in Art. 8 or Art. 9, on the information and documents gathered, are refused, and this is notified using the contact details in the application declaration.

Conviction After the Card Is Issued

Is There a Way Back?

There is, and Art. 38/3 sets the condition: no new press card is issued to those who fall foul of subparagraphs (ç), (d) and (e) of Art. 8/1 unless it is established that action has been taken under Arts. 12 and/or 13/A of Criminal Records Law No. 5352. We cover this in the guide on expunged criminal records.

Summary

  • Not every criminal record is a bar; Arts. 8/1-ç, (d) and (e) enumerate the offences.
  • A sentence of five years or more for an intentional offence and the catalogue offences are a bar even after the Art. 53 periods have elapsed.
  • Terrorism offences and the offences in Art. 25/2 of Law No. 5187 form separate lists.
  • Lifting the bar depends on action under Arts. 12 and/or 13/A of Law No. 5352.