The Connection Reasons for Deprivation of Inheritance and Removal from Inheritance Have With Presumption of Innocence

Abstract

Presumption of innocence and the right not to be criminalized constitute fundamental rights enshrined in the Turkish Constitution and the European Convention on Human Rights. In principle, violating the presumption of innocence in private law proceedings constitutes a reason for a retrial as a result of a complaint filed before the Turkish Constitutional Court or the European Court of Human Rights. Therefore, this issue needs to be taken into consideration in proceedings regarding grounds for deprivation of inheritance and exclusion from inheritance that are comprised of an accusation of the party having committed a crime. Although no explicit or implicit provision exists in the regulations on substantive law in this regard, an interpretation in line with the Turkish Constitution and the European Convention on Human Rights should be adopted in order to avoid violating fundamental rights, as well as achieving harmony between the substantive legal conditions that may lead to a violation of fundamental rights and the principles governing the protection of fundamental rights. However, if a person who has been charged with an offence dies, no obstacle exists for the civil court to render a judgment. In cases where rendering a judgment in criminal proceedings would be difficult, having the civil court seek a conviction decision can be said to be appropriate considering how the presumption of innocence is regulated in the Turkish Constitution.

Keywords

• presumption of innocence
• right not to be criminalized
• deprivation of i̇nheritance
• disinheritance
• protection of fundamental rights