OECD > NATIONAL STRUGGLE > INCLUDING OFFENCE OF BRIBERY INTO TURKISH LEGISTLATION

The act of bribery of foreign public officials in international business transactions has been an offence for the first time with the article of 211 of former Turkish Penal Code numbered 765 and the thirth paragraph added to it with the law numbered 4782. 

In the first paragraph of the article, big difference between active value and money, gift and any other interest obtained with any title and the real value of the good that are purchased, sold or tendered is included to scope of “interest”.

The regulations which were adapted for harmonazing with the Convention, has been critized with the reasons that the definition stated in the report that was prepaid in Turkey OECD Anti-Bribery 1st Phase investigation  did not refer to the definition stated in OECD  Anti-Bribery Convention, so it has been considered that the definition should be reviewed again.

According to article 252 of Turkish Penal Code  numbered 5237 which came into effect on 01 June 2005, bribery has been defined above with the concept covering bribery of foreign public officials in international business transactions international business transactions:

(1)        Any public officer who receives a bribe shall be sentenced to a penalty of imprisonment for a term of four years to twelve years. The person furnishing the bribe shall be sentenced as if he were a public officer. Where the parties agree upon a bribe, they shall be sentenced as if the offence were completed.

(2)       Where a person who receives a bribe, or agrees to such, is a person in a judicial capacity, an arbitrator, an expert witness, a public notary or a professional financial auditor, the penalty to be imposed according to section one shall be increased by between one third and one half.

(3)       A bribe is defined as the securing of a benefit by a public officer by his agreeing with another to perform, or not to perform, a task in breach of the requirements of his duty.

(4)       Section one shall also apply where, through a breach of duty, a benefit has been conferred upon a person acting on behalf of a professional institution (presumed in law, to be public institution), a company (incorporated by the aforementioned professional institution, or a public institution or a public corporations or a foundation operating within the framework of such institutions or corporation), an association acting in the public interest,  a co-operative, or a public joint stock corporation, in order to establish a legal relationship with such entities or in order to continue an existing legal relationship with such.

(5)       The following actions shall be presumed to be bribery: offering, promising or giving a direct, or indirect, benefit, for the purpose of ensuring the performance or non-performance of a task, or obtaining or protecting an unjust benefit concerning international commercial activities, to an elected or appointed person in a foreign country who is a parliamentary officer, a member of a public institution charged with judicial or administrative duties; a person working in an international organization that has been established by another international public institution, state or government (regardless of its structure or function), or any other person performing a duty having an international character in a foreign country.

 

 

 
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