OECD > NATIONAL STRUGGLE > LIABILITIES OF LEGAL ENTITIES

As per the article 253 of Turkish Penal Code it is mentioned that where a legal entity secures an unjust benefit through the offence of bribery security measures specific to legal entities shall apply.
There is the following explanation corcerning the said articles:

“ In the article, security measures shall be applied to legal persons due to commission of bribery. However, in order to do that the legal person should gain an unjust benefit by commiting the offence of bribery.

Security Measures Specific to Legal Entities
Article 60
(1)       Where there has been a conviction in relation to an intentional offence committed for the benefit of a legal entity, which is subject to civil law and operating under the license granted by a public institution, by misusing the permission conferred by such license and through the participation of the organs or representatives of the legal entity it shall cancel this license.
(2)       The provisions relating to confiscation shall also be applicable to civil legal entities in relation to offences committed for the benefit of such entities.
(3)       Where the application of the provisions in the above sections would lead to more serious consequences than the offence itself, the judge may not impose of such measures.

(4)       The provisions of this article shall only apply where specifically stated in the law.

The first security measure mentioned in article 60 of Turkish Penal Code is the cancellation of the licence. For that means the first requirement, there should be a permission granted to private law legal person by a public institution to engage in an activity. The second requirement is abuse of the power provided by this permission and intentional commission of an offence for the benefit of legal person.
The second security measure proposed for private law persons is confiscation. According to this, in terms of the offence committed for the benefit of legal person, if the requirements of confiscation provisions are realized, the materials and benefits obtained from the offence shall be confiscated.

As per 43/A article of misdemeanor Law numbered 5326 which was added  by the law numbered 5918 dated 26/06/ 2009, liabilities of legal persons are in the following:

Liabilities of legal Entitities
(1) Where the offence doesn’t require a heavier admininatrative fine , organ or representative of a private law person or without being an organ or representative through activities of this legal person who undertakes;
a) Turkish Penal Code numbered 5237;
4) Where the offence of bribery defined in article 252 is committed for the benefit of legal person, also he will be fined ten thousand TL to twelf million TL.
(2) In pursuant to provisions of this article, the relevant court which is conducting the prosecution of offences mention in the first paragraph is authorized.

According to the judgement, should the offence of bribery is committed by a legal person,
 

 

 
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