OECD > NATIONAL STRUGGLE > BRIBERY OF FOREIGN PUBLIC OFFICIALS MENTIONED IN ARTICLE 252 OF TURKISH PENAL CODE

Regulations related to foreign officials are mentioned in nineth and tenth paragraph of article 252 of Turkish Penal Code. 

(9) The provisions of the present article shall also apply where an undue advantage is obtained by, offered or promised directly or through intermediaries to;
a) public officials elected or appointed in a foreign country,
b) judges, jury members or other officials acting in international or supranational or foreign state courts,
c) members of international or supranational parliament,
d) persons performing public activities for a foreign country, including public institutions or public corporations,
e) citizens or foreign arbitrators appointed within the framework of arbitration procedure applied for solution of a legal dispute,

f) officials or representatives of international or supranational organisations established based on an international agreement,

(10) Where the offence of bribery that falls within the scope of paragraph 9 is committed, although by an alien abroad, with regard to a dispute to which;
a) Turkey,
b) a public institution in Turkey,
c) a private law legal person established according to Turkish laws,
d) a Turkish citizen,

is a party, or to perform or not to perform a transaction concerning these institutions or persons, ex officio investigation and prosecution are initiated against the persons who receive, request, accept the offer or promise of a bribe, mediate these, obtain an undue advantage for himself in connection with bribery relationship, if they are present in Turkey.

In the reason of the amendment of Turkish Penal Code with the Law numbered 6352, there is the following explanation corcerning the said articles:

“In the nineth paragraph, bribing to public officials or offering or promising this, offering to obtain advantage for the foreign official himself or any other real or legal person he designates, accepting the offer or advantage have became an offence. With this regulation, the pharase of foreign official has been clarified.

In the tenth paragraph…, there is the mention of initiating prosecution ex-ofisio about bribing to public officials or offering or promising this, offering to obtain advantage for the foreign official himself or any other real or legal person he designates, accepting the offer or advantage
 

 

 
UHDİGM Resmi Web Sitesi © 2014 Tüm Hakları Saklıdır.
Webmaster : Selin Kılıç
Bu Sitede Yayınlanan Tüm İçerikler, İzinsiz Kaynak Gösterilemez ve Yayınlanamaz.