Laws and regulations of the Republic of Turkey

Explanation of Liability Arising from Giving/Accepting Illegal Remuneration, Commercial Bribery.

 

Extract from the Turkish Criminal Code (as adopted on September 26, 2004)

 

Article 252. Corruption

1. A person who ensures that a public servant or a third party designated by him or her receives a benefit (profit) directly or with the help of intermediaries for the performance or, on the contrary, non-performance of any operation within the scope of his/her official duties, shall be punishable by a prison sentence of up to four to twelve years.

2. A public servant who ensures any receipt of benefit (profit) for self or another person designated by him/her, directly or with the help of intermediaries, for the performance or, on the contrary, non-performance of any operation within the scope of his/her official duties, shall also be punishable as provided for by Clause 1.

3. A collusion to give or receive a bribe shall be punishable as for a crime committed.

4. In cases where a bribe is offered to a public servant and he/she refuses to accept it, or a public servant is offered or promised something else in return for services, and he/she refuses to accept it, then the punishment stipulated in relation to the offender by the provisions of Clauses 1 and 2 shall be reduced by half.

5. A person acting as an intermediary in transfer of an offer to give a bribe to another party, in a settlement or bribery, shall be punished as an accomplice in the crime, regardless of whether he/she is in the public service or not.

6. A third party who receives a benefit (profit) in connection with corruption relationships, or an official who accepts a bribe offered by a legal entity, shall be punishable as the accused of a crime, regardless of whether he/she is in the public service or not.

7. If the person receiving or demanding a bribe or reaching a settlement is a person leading a lawsuit, judge, expert, notary public or certified public (independent) accountant, then the term of the prescribed punishment shall be increased by one third to half.

8. The provisions of this article shall also apply to persons acting in the name and on behalf of:

a) professional organizations with the status of a state institution,

b) companies created with the help of state institutions or organizations, or professional organizations with the status of a state institution,

c) foundations operating as part of state institutions or organizations, or professional organizations with the status of a state institution,

d) societies and associations functioning for the benefit of society,

e) cooperatives,

f) open joint stock companies,

in the event that they receive an offer or promise of benefit (profit), directly or with the help of intermediaries, to perform or, conversely, to fail to perform any operation within the scope of official duties, regardless of whether they are in the public service or not, in the case of acceptance or demand of a bribe, implementation of intermediary services related to the above actions, as well as in the case of obtaining a benefit (profit) for a third party in connection with the above relationships.

9. The provisions of this article shall also apply to:

a) public servants or officials elected or appointed to serve in a foreign country,

b) judges, jurors or other employees serving in international and supranational courts or in courts of foreign states,

c) members of international and supranational parliament,

d) persons engaged in public activities in a foreign country, including those employed in state institutions or enterprises,

e) citizens or foreign judges authorized to resolve legal disputes in the framework of an arbitration,

f) officials or representatives of international organizations created on the basis of international agreements,

in the event that they receive an offer or promise of a benefit (profit), directly or with the help of intermediaries, to perform or, conversely, to fail to perform any operation within the scope of their official duties, or in order to receive or store illegal income from international transactions, as well as if they accept or demand a bribe.

10. In the case of corruption offenses related to the scope of Clause 9, by a foreign citizen in a foreign country and if one of the parties to the dispute is:

a) Republic of Turkey,

b) public institution of the Republic of Turkey,

c) private legal entity established in accordance with Turkish law,

d) citizen of the Republic of Turkey,

or committed with the aim of performing or not performing any operation by the aforementioned persons or institutions, in relation to persons who give, demand, offer or accept a bribe, persons who are intermediaries in such issues, as well as persons who receive income from corrupt transactions, if staying in the territory of the Republic of Turkey, an investigation is initiated at his/her own request and criminal prosecution is instituted.

 

Article 255. Use of official position for personal gain

1. A person receiving a benefit (income) for self or for another person, directly or with the help of intermediaries, in order to attempt to distort the real facts by using his/her official position, shall be punishable by an imprisonment for a term of two to five years and a court fine in the amount equivalent to a maximum of five thousand days. If the aforementioned person is a public servant, the term of the punishment prescribed in the form of imprisonment shall be increased by half. A person receiving a benefit (income) in exchange for performance of work or for expectancy of work to be completed, shall be punishable by an imprisonment for a term of two to five years.

2. A collusion to receive a benefit (income) shall be punishable as for a crime committed.

3. In the case of a demand for benefit (income), for the purpose specified in the Clause 1, however rejected, or in the case of an offer or promise of benefit (income), however rejected, the sentence specified in Clause 1, shall be halved.

4. A person providing intermediary services in a crime involving trading in influence (using one's official position for personal gain) shall be held liable as an associate (accomplice) and punishable as provided for in Clause 1.

5. A third individual who receives a benefit (income) in connection with trade in influence (using one's official position for personal gain), or an official who accepts a bribe offered by a legal entity, shall be punishable as an associate (accomplice) in a crime as provided for in Clause 1.

6. In the event that, when attempting to perform work, a separate crime has been committed, the relevant persons shall also be punished for the aforementioned crimes.

7. The provisions of this article shall also apply in the case of trading in influence (using one's official position for personal gain) in relation to the persons referred to in Clause 9 of Article 252. In relation to the above-mentioned persons, if they are staying in the territory of the Republic of Turkey, regardless of whether they are Turkish citizens or foreign citizens, an investigation shall be launched and a criminal case shall be initiated by virtue of the position held.