Private international law · Legal information

If a Foreign Accused Also Faces Removal, Which File Is Read First?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a foreign accused has both a criminal file and a removal decision, each is read from its own paper. The criminal file is not the acquittal of the removal decision. The removal decision is not the acquittal or the conviction of the criminal case either. An objection text is not copied from this page. A day and an article number are not written.

The criminal file is read from its own number

The criminal file is recognised by the prosecution or court number and by the heading of the indictment or the minute. This number is not the number series of the removal writing. The event mentioned in the indictment is not carried of itself as the reason of the administrative decision. If it was carried, it is looked for that it was written separately in the administrative decision. If it was not written, the sentence in the criminal file is not pasted in place of the administrative reason.

The status of accused is not the same record as being the addressee of an administrative act. Even if the record belongs to the same person, the file numbers stay apart. A separate number is a separate reading. The two acts are not treated as the same file before the number is read. The same event passing in two writings does not join the numbers. If the name of the event is similar but the number series differs, two files stand.

The indictment is a prosecution paper. A statement minute kept during the investigation does not take the place of the indictment. If there is a minute, it is read from its own date. If there is an indictment, it is read from its own number and merits record. If neither is there, the criminal file is not built from the back of the removal decision. The name of an offence in the reasons of the decision does not produce an indictment number.

If a summons paper shows a hearing day or a prosecution invitation, that paper belongs to the criminal file. The authority on the summons is not written of itself as the authority that gave the removal decision. If the names of the authorities differ, the difference is not closed. If the summons carries a service annotation, the annotation is the summons's own record. The annotation is not copied in place of service of the administrative decision.

The removal decision is read from its own service

Removal is the administrative decision that was served. The result and the reasons of the decision are read from that paper, and the period from the service record. If there is no record, the period is not completed in this text. A day count is not frozen. How the text of the decision is opened is in the writing on an objection to a removal decision. This page does not carry the sentences in that writing into a petition and does not give a sample application.

A draft that has not been served is not treated as an annex of the criminal file. The draft is not made the target of an application. The target is the decision that was served. An oral summary does not take the place of the service annotation. The summary is not used as if it rewrote the result clause of the decision. The clause is whatever the paper says. If there is no clause, the result is not produced from the status in the criminal file.

If the decision is more than one page, the result and the reasons may not be looked for on the same page. The result clause is read from whichever page it is on. A sentence in the reasons, if it is not written in the result, does not take the place of the result. If a person line on an attached list shows the addressee of the decision, the list is read. If the list and the result conflict, the conflict is not removed by tearing one page. Both pages stand.

One is not the acquittal of the other

An acquittal coming out in the criminal file does not remove the removal decision of itself. A conviction does not take the place of the removal decision either. The other way, the lifting or the enforcement of the removal decision does not write an acquittal or a conviction in the criminal case. This page does not promise an acquittal. The result stands in each file's own decision. While there is no decision, an expected result is not announced from the course of the other file.

The two authorities may be speaking of the same event. Speaking does not join the decisions. A sentence is not taken from the reasons of one and added to the result of the other. If there is a reference to the criminal file in the administrative decision, the reference is read as far as it is written in that decision. A result that is not written is not produced from the reference. If there is a reference to the administrative act in the criminal decision, that too is limited to its own sentence. The reference is not treated as having closed the other file.

Whether the judgment has become final is read from the criminal file's own annotation. If there is no annotation, finality is not completed from this page. Finality does not mean the removal decision was enforced either. If enforcement is in the administrative file's own writing, it is read from there. If there is no writing, enforcement is not assumed. Flight, abandoning enforcement, or a path of leaving the country before the decision is not written.

The objection text is not copied from this page

An application against a removal decision is built with the number of the decision that was served and the service record. The building is not the pasting of the paragraphs on this page into a petition. A sentence is not copied. Which court is gone to is not chosen by rote from here either. The competent place is read from the decision that was served. If the decision does not write the authority, the name of the authority is not invented.

A defence petition in the criminal file does not take the place of the administrative application. The administrative application is not the accused's defence petition either. The two writings belong to two files. One having been given is not treated as the other having been given. The giving is seen by a document record or a service annotation. If there is no record, it is not treated as given. Their having been given on the same day does not make the writings a single petition.

This page does not give a sample petition, a request formula, or a reason template. A template would take the place of the concrete decision. If the concrete decision is not in hand, an application text is not built either. If it is in hand, the application is read as limited to that decision's number. The number of another file is not added beside the number if it is not in the decision.

Residence and work writings are a third act

A residence document is neither a criminal number nor a removal decision. The period of the card is not written as the day one of the two files ended. A residence permit not being extended is the notice given to an extension request. The notice is not put in place of the judgment of the criminal case. It is not read as service of the removal decision either. If three papers stand in the same folder, there are three acts.

A refusal of a work permit is a separate administrative notice. The employer's refusal writing does not produce the status of accused or the removal result. If the criminal file is spoken of in the reasons for refusal, the speech is read as far as it is written. The speech does not take the place of the judgment. The work-permit document being in hand does not drop the removal decision either. The document carries its own period. The period is not the closing date of the other file.

An exit ban is not the short name of these two files either. If the ban is written under that name in the decision in criminal procedure, it is read from that decision. If it is not written, the result clause of the removal decision is not turned into an exit ban. Taking the person out and restricting leaving are not the same sentence. If the sentences are mixed, one is taken for the lifting of the other. If the lifting is not written in its own decision, it is not written.

The paper in hand that has been served is opened first

The file that is read first is the own file of the paper that is in hand and has been served. If a criminal summons is in hand, the criminal file is opened from that summons. If a removal decision is in hand, that decision is opened from its own annotation. If both are in hand, both are opened. One is not treated as absent while the other is waited on to end. Treating it as absent is not an order this text builds. Which one the institution will move first is not ordered by rote either.

A copy that has no service annotation is not read as a decision that has been served. The copy is limited to showing the text. If the annotation is on another paper, the annotation is tied to that paper. The tie is seen if the number and the date match. If they do not match, a tie is not built. A relative saying "both are finished" does not take the place of the annotation.

The frame of the criminal file is on the criminal law page. The frame of the removal decision is on the international law page. If the two papers stand, contact is made with the own text of each. While only one paper is in hand, a result is not written as if the other were there.

The year and merits box written beside the file numbers is separate too. Even if the year is the same, if the merits number differs there are two records. The merits number stands in the criminal file, and the decision number in the administrative writing. If the numbers resemble each other, the resemblance does not set up a ruling that they are the same file. The comparison is made by placing the two headings in hand side by side. If one is missing, the missing number is not derived from the other.

If an enforcement or finality annotation is only in the criminal file, the annotation belongs to that file. The annotation does not mean the removal decision was enforced. The enforcement writing is looked for in the administrative file. If there is no writing, enforcement is not completed. Reading it as completed would be ordering by rote which institution will move first. An order is not built in this text. If it were built, one of the two files would be treated as absent. Treating it as absent breaks the rule that the paper in hand that has been served is left where it stands.

Conclusion

The criminal file and the removal decision are not each other's acquittal. What is opened first is the own file of the paper in hand that has been served. The other is not treated as absent before it ends. Residence and work writings are a third act. The objection text is not copied and a sample petition is not given. A period is not frozen. The criminal file is in the frame of Criminal Procedure Code No. 5271. The removal decision is read from the text of Law No. 6458 on Foreigners and International Protection.

Legislation

Frequently asked questions

Does the criminal file drop the removal decision of itself?

It does not. The result in the criminal file does not take the place of the removal decision. If the decision is to be lifted, that is read from the own text of the administrative decision or from a separate writing about it.

Is a removal decision treated as an acquittal?

It is not. A removal decision is not the acquittal or the conviction of the criminal case. This page does not promise an acquittal. Each result stands in its own decision.

If both papers are in hand, which is opened first?

Both are opened from their own headings. One is not treated as absent while the other is waited on to end. What is read first is the own file of the paper in hand that has been served.

Is the objection petition copied from this page?

It is not copied. The application is built with the number of the decision that was served and the service record. This page does not give a sample petition.

Is a residence document one of these two files?

It is not. The residence record is a separate document. The relation of an exit ban and the card is not written as the result of these two files either.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Private international law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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