Disciplinary investigations and challenging disciplinary penalties
Defence in disciplinary investigations of civil servants, police officers, military personnel and students.
- Administrative cases
Last updated: · Av. Şeref Şahin
Disciplinary law covers investigations into, and penalties imposed on, civil servants, police officers, military personnel, students and members of regulated professions. Penalties range from a warning to dismissal from the profession and directly affect your career.
The right of defence is the foundation of the disciplinary process. You should not submit a written defence without knowing the act you are accused of and the evidence against you, and you should make full use of the time given to prepare it.
When legal advice may be needed
- A disciplinary investigation has been opened against you
- You have received a written request for your defence
- You have been given a reprimand, a salary deduction or a suspension of grade advancement
- A decision has been made to dismiss you from the civil service or your profession
- You want to challenge a disciplinary board decision
- You have received a student disciplinary penalty
Services
- Reviewing the investigation file and preparing your written defence
- Oral defence before the disciplinary board
- Objections to and annulment actions against disciplinary penalties
- Actions against dismissal from the profession or the civil service
- Disciplinary proceedings involving police officers
- Disciplinary penalties and disciplinary board decisions for Turkish Armed Forces personnel
- Disciplinary proceedings against university and school students
- Identifying statute of limitations issues and procedural defects
Common questions in this area
How much time do I have to submit my defence?
Under the Civil Servants Law, the time allowed for a defence cannot be less than seven days. Other personnel regimes may set different periods. If you do not submit a defence in time, you are deemed to have waived your right of defence.
Can a disciplinary penalty be imposed without taking my defence?
No. A disciplinary penalty imposed without giving you the right of defence is unlawful and is a ground for annulment in the administrative courts.
Can I file a case against a disciplinary penalty?
Yes. All disciplinary penalties, including warnings and reprimands, can be challenged in the administrative courts. As a rule, the deadline is 60 days from notification of the penalty; some special rules provide for an objection procedure and different time limits.
Does an acquittal in a criminal case cancel the disciplinary penalty?
Not automatically; disciplinary and criminal proceedings are independent of each other. However, a final criminal judgment establishing that the act was not committed is an important basis in an action against the disciplinary penalty.