1. Bribery in the home (private to public)
1.1 The Legal Environment
Turkey lacks a comprehensive anti-corruption or anti-bribery statute. The Turkish Criminal Code, the Law on Declaration of Property and Combating Bribery and Corruption, the Law on the Ethics Board for Public Officials, and the Civil Servants Ethical Principles and Application Procedures and Principles (the “Ethics Regulation”) all contain anti-corruption legislation.
Bribery of public authorities is prohibited under Article 252 of Turkish Criminal Code No. 5237.
1.2 What is the definition of bribery?
A person who receives a bribe and a person who gives a bribe are both prohibited from doing so.
Bribery can refer to delivering a benefit to a public officer or a third person indicated by the public official for the performance or non-performance of a duty-related act, either directly or through an intermediary. Bribery occurs when a public official and a private individual agree on the amount of bribe to be given.
1.3 What is a public official?
The Turkish Criminal Code defines a “public official” as “any individual who engages in the conduct of public activities for a continuous, restricted, or temporary length of time, whether by appointment, election, or otherwise.”
According to the Turkish Appellate Court, even if state-owned firm personnel are not officially designated as public officials under the Turkish Criminal Code, they are regarded public officials if they participate in the conduct of public operations. Under the Ethics Regulation, employees of a publicly owned corporation are likewise considered public authorities.
1.4 Bribery’s Consequences
(a) For Individuals
Individuals who bribe public authorities face the same punishments as those who bribe public officials, according to the Turkish Criminal Code. The following are the penalties:
From four to twelve years in prison (Those who offer or promise to give bribes, as well as public officials who request bribes but are turned down by the counterparty, will have their sentence reduced by half.)
If the person who receives, agrees to, or asks a bribe is a judicial officer, arbitrator, court-appointed expert, notary public, or sworn financial adviser, the sentence will be increased.
Termination of a contract of employment
Participation in public tenders is prohibited, and the public procurement agreement is terminated.
Individual safety precautions (e.g., prohibition on conducting public service, confiscation of bribe)
(b) In the case of middlemen
Intermediaries, regardless of their position as such, shall face the same penalties as genuine bribe makers and public officials, according to the Turkish Criminal Code.
(c) For companies/legal entities: According to Article 253 of the Turkish Criminal Code, legal entities that profit from bribery are subject to security measures. In a similar vein, Article 20 of the Turkish Criminal Code states that “criminal sanctions may not be imposed on legal entities.” Private legal entities may only be subject to the security measures stipulated in Article 60 of the Turkish Criminal Code under this article:
If: (a) a private legal entity abuses its powers as a result of a license/permit issued to it by a public entity; and (b) the legal entity’s governing bodies or representatives participates in such entity’s activities, the court may withdraw the legal entity’s license/permit.
Confiscation of property or material interests; if the Turkish Criminal Code’s grounds for confiscation are met, the court may seize the property or material interests linked to the offense/crime.
Participation in public tenders is prohibited, and the public procurement agreement is terminated.
Fines imposed by the government
1.5 Contributions from politics
The Political Parties Law No. 2820 governs contributions to political parties.
In general, real persons and legal entities can donate to a political party in cash or in kind up to TRY 38,526 (the amount for 2017) within a year, with the exception of those named in the Political Parties Law (e.g., publicly held enterprises). Foreign states, international organizations, foreign actual persons, and legal entities are forbidden from donating to political parties.
1.6 Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, amongst others)
The Turkish Criminal Code makes no provisions for limiting the amount of money spent on hospitality. Public officials, on the other hand, are prohibited from accepting gifts and from benefiting themselves, their relatives, or real or legal third parties, directly or through an agent, from real or legal persons with a business, service, or beneficial relationship related to their task, according to the Ethics Regulation.
The Ethics Regulation specifies the types of gifts and benefits that are exempt from the gift prohibition, such as books, magazines, articles, cassettes, calendars, CDs, or similar materials, as well as souvenir-type gifts distributed at public conferences, symposia, forums, panels, meals, receptions, or similar events.
The Law on the Public Officials Ethics Board refers to the disciplinary provisions that apply to public officials who violate the law.
Hospitality expenses are not subject to any quantitative restrictions under the Ethics Regulation.
2. Bribery in the home (private to private)
2.1 A legal framework is a set of rules that governs how something is done.
Turkish anti-corruption legislation does not ban a private individual from obtaining or accepting a benefit offered or accepted by another private individual. Representatives of professional organizations with the character of a public institution; companies incorporated through I the participation of governmental institutions and organizations or (ii) professional organizations with the character of a public institution; foundations that operate under the supervision of the same; and associations that work in the public sector are exempt from this rule.
2.2 Bribery in the private sector
Private bribery entails providing, offering, or promising a benefit to representatives of: professional organizations with the character of a public institution; companies incorporated through the participation of governmental institutions and organizations or through professional organizations with the character of a public institution; foundations that operate on behalf of governmental institutions and organizations.
2.3 Private bribery’s Consequences
Bribery in the public sector has the same effects as bribery in the private sector.
Expenses for hospitality are subject to a cap (gifts, travel, meals, entertainment, among others)
The Turkish Criminal Code and the Ethics Regulation do not prohibit private individuals from providing hospitality to other private individuals.
3. Foreign public officials’ corruption
3.1 The Legal Environment
Bribery of foreign public officials is prohibited under Article 252 of the Turkish Criminal Code.
3.2 Definition of foreign public officials’ corruption
Bribing foreign public officials is not defined separately under the Turkish Criminal Code. Bribing foreign public officials falls under the same meaning as public bribery.
3.3 Explanation of the term “foreign public official”
There is no special definition for foreign public officers in the Turkish Criminal Code. Article 252 does, however, apply to the following individuals:
(a) Public officials elected or appointed in a foreign state (b) Judges, jurymen, or other officials serving in international or supranational courts or in the courts of foreign states (c) Members of international or supranational parliaments (d) Persons performing public service for a foreign state, including public institutions or public organizations (e) Citizens or foreign arbitrators assigned to a foreign state
3.4 Consequences of Foreign Public Official Bribery
Bribing foreign public authorities has the same repercussions as bribing domestic officials.
3.5 Hospitality expenses are subject to a cap (gifts, travel, meals, entertainment, amongst others)
Private individuals’ hospitality expenses to foreign public officials are not regulated by the Turkish Criminal Code or the Ethics Regulation.