OECD > NATIONAL STRUGGLE > EFFECTIVE REPENTANCE

A new paragraph stated in the Law numbered 5918 dated 26/06/2009 was added to article 254 of Turkish Penal Code. “This provision isn’t applied to foreign officials and briber givers.”

In the reason of the amendment of Turkish Penal Code, there is the following explanation corcerning the said articles:
“Effective repentance is an efficient tool of criminal law in finding out the offender and the offence. In Turkish Penal Code it is separately mentioned as to which offence this tool can be applied. Bribery is among these offences. The benefir which we expect from effective repentance, apart from the fact that it is an efficient way in terms of bribery, it meets our expectation in providing the assistance in concept of bribing to foreign officials. So,the briber who commits an offence of bribing to foreign officials and gets benefit from effective repentance, get clear from the punishment but it falls short of our expectations in penalazing the foreign officials who receives the bribe. Therefore, a new paragraph was added to the article in order to prevent the effective repentance provisions from applying to those who give bribe to foreign officials.

Before the aforementioned amendments, it was alleged by OECD that effective repentance provisions concerning the bribing to foreign officials hinders fighting against this offence. In fact in terms of the said offence, it was proposed that briber would be penalized.  If the person eradicating competition environment and acting and conducting internatiponal transactions for the benefit of his own company by bribing to foreign official denounces the offence in order to avail himself of the effective repentance, he would not be punished as he would be enjoying the provisions of effective repentance but, he would perform his business transactions.
 

 

 
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