Regulations of the RT





REGULATIONS OF THE REPUBLIC OF TURKEY IN THE SPHERE OF FIGHTING AGAINST CORRUPTION

 

Explanation of the liability arising in case of giving/accepting illegal gratification, commercial bribery.

 

Extract from the Criminal Code of Turkey (was adopted on 26.09.2004)

 

Article 252. Corruption

 1. In respect of the person directly or through intermediaries ensuring obtaining the benefit (earnings) by the government official or the third party specified by him for fulfilment or, vice versa, for non-fulfilment of any operation provided for by his official duties, the penalty of four up to twelve years of imprisonment shall be applied.

2. The government official directly or through intermediaries ensuring obtaining the benefit (earnings) for himself or another person specified by him, for fulfilment or, vice versa, for non-fulfilment of any operation provided for by his official duties, shall also become liable to the penalty provided for by the first clause.

3. In case of making an agreement concerning accepting or giving a bribe, the penalty as for the committed crime is provided.

4. In cases when the government official was offered a bribe, and he refused to accept it, or the government official was offered or promised something else in exchange for a favour, and he refused to accept it, the term of punishment provided for in respect of the criminal by provisions of the first and the second clauses shall be reduced by half.

5. The person acting as the intermediary regarding submitting of the offer to give a bribe to another party, making a settlement or giving a bribe, shall become liable to the penalty as an accomplice in committing the crime, without accepting the fact whether he holds government employment or not.

6. The third party obtaining the benefit (earnings) in connection with corruptive relationship, or the official accepting a bribe offered by a legal body, shall become liable to the penalty as the accused of the crime, without accepting the fact whether he holds government employment or not.

7. In case if the person obtaining or demanding a bribe or making a settlement is the person handling a case, the judge, the expert, the notary or certified public (independent) accountant, the term of prescribed punishment shall be increased from one-third to a half.

8. The provisions of this article shall also be applied to the persons acting for and on behalf of:

а) professional organizations which have the state institution status,

b) companies set up with the help of state institutions or organizations, or professional organizations which have the state institution status,

с) funds carrying out their activity in the structure of state institutions or organizations, or professional organizations which have the state institution status,

d) societies and associations operating for social benefit,

е) cooperatives,

f) open joint-stock companies,

in case they obtain, are offered or promised to obtain the benefit (earnings), directly or through intermediaries, for fulfilment or, vice versa, for non-fulfilment of any operation provided for by their official duties, without accepting the fact whether they hold government employment or not, in case they obtain or demand a bribe, render intermediary services connected with the above-specified actions, as well as in case of obtaining the benefit (earnings) for the third party in view of the above-specified relationship.

9. The provisions of this article shall also be applied to:

а) government officials or officials elected or appointed for service in a foreign state,

b) judges, jury members or other office employees working in international and supranational courts or courts of foreign states,

с) members of international and supranational parliament,

d) persons carrying out public activity in a foreign state, including the ones working in public institutions or enterprises,

е) citizens or foreign judges authorised to settle legal disputes within an arbitral proceeding,

f) the officials or representatives of international organizations established on the ground of international agreements,

in case they obtain, are offered or promised to obtain the benefit (earnings), directly or through intermediaries, for fulfilment or, vice versa, for non-fulfilment of any operation provided for by their official duties, or for the purpose of their obtaining or storing illegal income resulting from carrying out international transactions, as well as in case they accept or demand a bribe.

10. In case of committing acts of corruption falling within the scope of the ninth clause, by foreign citizen in a foreign state and in case of one party of the dispute is:

а) the Republic of Turkey,

b) the public institution of the Republic of Turkey,

с) the legal entity under private law established in compliance with legislation of Turkey,

d) the citizen of the Republic of Turkey,

or the act of corruption was committed for the purposes of fulfilment or non-fulfilment of any operation by the above-specified persons or institutions, investigation shall be carried out on its own initiative, and criminal prosecution shall be initiated in respect of the persons giving, demanding, offering or accepting a bribe, the persons which are the intermediaries regarding these issues, as well as the persons deriving revenue resulting from corruptive transactions, in case of their presence in the territory of the Republic of Turkey.

  

Article 255. Trading in influence

1. The penalty of two up to five years of imprisonment and payment of the judicial monetary penalty in the amount corresponding, as maximum, to five thousand days is prescribed in respect of the person directly or through intermediaries obtaining the benefit (earnings) for himself or in favour of another person to make an attempt to misrepresent actual facts through the use of his official position. In case if the above-specified person is the government official, the term of the prescribed imprisonment shall be increased by half. The penalty of two up to five years of imprisonment is prescribed in respect of the person obtaining the benefit (earnings) in exchange for performance of work or for waiting for performance of work.

2. In case of making an agreement concerning obtainment of benefit (acquisition of income), the penalty as for the committed crime is provided.

3. In case of providing a demand of benefit obtainment (income acquisition) for the purpose specified in the first clause, provided its non-acceptance or in case of making a proposal or promise of benefit obtainment (income acquisition), provided its non-acceptance, the penalty term prescribed by provision of the first clause shall be reduced by half.

4. The person rendering intermediary services in committing a crime implying trading in influence (use of public office for personal gain) shall be held liable as an accomplice (accessory), and the penalty prescribed by the first clause shall be applied to him.

5. The third natural person obtaining the benefit (earnings) in connection with trading in influence (use of public office for personal gain), or the official accepting a bribe offered by legal body, shall be punishable as an accomplice (accessory) in committing the crime, and the penalty prescribed by the first clause shall be applied to him.

6. In case if in an attempt for the purpose of work performance, a separate crime was committed, the corresponding persons shall also be punishable for the above-specified crimes.

7. The provisions of this article shall also be applied in case of trading in influence (use of public office for personal gain) in respect of the persons mentioned in the ninth clause of article 252. Investigation shall be carried out, and the criminal case shall be launched in the official capacity in respect of the above-specified persons in case of their presence in the territory of the Republic of Turkey, irrespective of whether they are citizens of Turkey or foreign citizens.