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07
ULUSLARARASI TİCARİ İŞLEMLERDE YABANCI KAMU GÖREVLİLERİNE VERİLEN RÜŞVETİN ÖNLENMESİ
In the event that public ofcials nd
out the act of bribery or corruption during
the discharge of their duties, notifying such
cases to the relevant authorities is a legal
obligation.
Paragraph 1 of Article 279 with the
title of “Failure of Public Ofcial to Notify
the Offence” of the Turkish Criminal Code
stipulates that “A public ofcial who
neglects to notify or is delayed in informing
the relevant authorities of a crime which
entails investigation and prosecution in the
name of the public, and which he/she
perceives in connection with his/her duty
shall be sentenced to imprisonment of six
months to two years”, paragraph 2 of the
very same Article stipulates that "If the
crime is committed by a person who
performs the duty of the judicial police, the
pena l ty imposed accor d i ng to the
paragraph above shall be increased by
half”.
Furthermore, in Article 17 of the Law
numbered 3628 on Property Declaration,
Combating Bribery and Corruption, it has
been rendered that, the provisions of the
Law numbered 4483 on Trial of Civil
Servants and Other Public Ofcials shall not
apply to those who were accused of the
of fence of extort ion or br ibery or
participation into such offences; in Article
18, it has been rendered that, if the
inspectors and examiners gather evidence
or signs as a result of investigation, they
shall submit the notication and documents
to the authorized Chief Public Prosecutor's
Ofce in charge, and in the event that
inspectors and examiners who gathered
evidence or signs with regard to the
offences mentioned in Article 17, fail to
notify the situation or fail to submit the
documents to the authorized Chief Public
Obligation to Notify Bribery
or Corruption Cases to
the Competent Authorities
Prosecutor's Ofce in charge, it has
been rendered that the provisions of the
Law on Prosecution of Civil Servants
shall not apply.
Non-public ofcials' obligation to
notify the offence has been regulated
under Article 278 of the Turkish Criminal
Code numbered 5237.
On the other hand, for the purpose
of Article 4 of the Law numbered 5549
on Prevention of Laundering Proceeds of
Crime, in case that there is any
information or suspicion to suspect that
the asset, which is subject to the
transactions carried out or attempted
to be carried out within or through
the obliged parties listed in Article 2/d of
the aforementioned Law, is acquired
through illegal ways or used for illegal
purposes, these transactions shall be
reported to the Presidency of Financial
Crimes Investigation Board (MASAK)
by the obliged parties.
According to Law numbered 5549
wh i ch i nc l udes the dut i es and
responsibilities of MASAK, the Board is
not authorized to investigate the
offence of bribery of foreign public
ofcials, but as in the case of all other
predicate offences, to carry out
e x am i n a t i o n s a n d i n s p e c t i o n s
concerning the identication of the
offence in the event of laundering of
proceeds of crime.
Non-public ofcials also have
liabilities concerning
the offence of bribery