The crime of extortion, as stated in Article 250 of the Turkish Penal Code, involves a public official abusing the power granted by their position to gain benefits for themselves or others, or making such a promise. This type of crime is regulated as a specific offense, with the perpetrator being a public official and the victim potentially being anyone. The crime of extortion is regulated in the section “Crimes Against the Public Administration’s Trustworthiness and Operation” within the part of the Turkish Penal Code concerning “Crimes Against the Nation and the State.” It is a crime committed against public administration, and the legal value protected by the extortion crime is the respect and trustworthiness of public administration.
Article 250/1 of the Turkish Penal Code states: “A public official who forces someone to gain benefits for themselves or another person by abusing the power granted by their position or makes such a promise shall be punished with imprisonment from five to ten years. In cases where, in response to the public official’s unjust attitude and behavior, a person, out of concern that their legitimate business may not be conducted or at least not be done in a timely manner, feels compelled to provide benefits to the public official or to the person they direct, the existence of coercion is recognized.”
Article 250/2 of the Turkish Penal Code states: “A public official who convinces someone to gain benefits for themselves or another person by abusing the trust provided by their position through fraudulent actions or makes such a promise, shall be punished with imprisonment from three to five years.”
Article 250/3 continues: “If the crime defined in the second paragraph is committed by taking advantage of the person’s mistake, the sentence shall be from one to three years of imprisonment.”
Article 250/4 states: “Considering the value of the benefit obtained by bribery and the victim’s economic situation, the sentence to be imposed according to the above paragraphs may be reduced by up to half.”
The crime of bribery is a crime with alternative actions. The crime of bribery can be committed in three different ways:
- The crime of bribery by persuasion,
- The crime of bribery by persuasion,
- The crime of bribery by taking advantage of the victim’s mistake.
The crime of bribery regulated in Article 250 of the Turkish Penal Code should not be confused with the crime of bribery regulated in Article 252, the crime of embezzlement regulated in Article 247, and the crime of abuse of office regulated in Article 257. To learn more about other crime types and elements, you can visit our page or come to our office for detailed information.
The crime of bribery by coercion: According to Article 250/1 of the Turkish Penal Code, if a public official uses the influence provided by their office to coerce someone into obtaining a benefit for themselves or another, the crime is considered to have occurred. This is an instantaneous crime. Although it is generally a crime committed by an active action, it can also be committed through negligent conduct.
The crime of bribery by persuasion: According to Article 250/2 of the Turkish Penal Code, if a public official uses the trust provided by their office to engage in fraudulent behavior, convincing someone to gain a benefit for themselves or another, or to make promises, this crime occurs. This is an instantaneous crime. Unlike the crime of bribery by coercion, it can only be committed through an active act.
The crime of bribery by exploiting the victim’s mistake: According to Article 250/3 of the Turkish Penal Code, if a public official commits the crime of bribery by persuasion by taking advantage of someone’s mistake, this crime is committed. This crime can be committed by an active act, but it can also occur through negligent conduct if the public official, despite having a duty to prevent the person from making a mistake, fails to warn them.
THE STATUS OF THE CRIME BEING SUBJECT TO COMPLAINT
Since the type of crime is not explicitly specified in the law, it is not subject to complaint. The investigation and prosecution are conducted ex officio. The public prosecutor can initiate an investigation and inquiry as soon as they become aware of the act committed.
THE STATUS OF THE CRIME BEING SUBJECT TO RECONCILIATION
In the Turkish Penal Code, no provision for reconciliation is provided for the crime of bribery. Since the crime of bribery is not one of the crimes subject to complaint and prosecution, and is not listed among the catalog crimes in Article 253 of the Criminal Procedure Code (CMK), reconciliation is not possible for this crime.
THE COMMISSION OF THE BRIBERY CRIME
The crime of bribery can only be committed intentionally, and general intent is sufficient to commit the crime. The crime can be committed with either probable intent or direct intent. It is not possible for the crime of bribery to be committed negligently.
QUALIFIED CIRCUMSTANCES REQUIRING LESS OR MORE PUNISHMENT IN THE CRIME OF BRIBERY
In the Turkish Penal Code, there are no additional provisions for qualified circumstances that require more punishment for the crime of bribery. However, it is worth noting that if the act committed by the public official is regulated as a special crime in the Turkish Penal Code, the defendant will be punished according to the penalty prescribed for that special crime. In such a case, the defendant cannot be punished separately for the crime of bribery.
According to Article 250/4 of the Turkish Penal Code, when considering the value of the benefit obtained through bribery and the economic status of the victim, the penalty to be imposed according to paragraphs 1, 2, and 3 may be reduced by up to half.
THE INSTITUTION OF EFFECTIVE REMORSE
The institution of effective remorse is not a provision regulated for every type of crime in the law. It can only be applied to the crime types that are specifically regulated. There is no provision for effective remorse for the crime of bribery in the law.
THE INSTITUTION OF EFFECTIVE REMORSE
The institution of effective remorse is not a provision regulated for every type of crime in the law. It can only be applied to the crime types that are specifically regulated. There is no provision for effective remorse for the crime of bribery in the law.
The crime of bribery is not categorized as a crime subject to complaint-based prosecution. Therefore, as soon as the prosecutor learns that the crime has been committed, an investigation is initiated ex officio. After a certain period of time passes under the statute of limitations, the case may be dismissed. In cases of bribery committed by coercion, this period is 15 years. For the other two forms of bribery, the period is 8 years.
Criminal statute of limitations refers to the non-execution of the sentence after a certain period has passed for the convicted defendant. In cases of bribery committed by coercion, this period is 20 years. For the other two cases, it is 10 years.
According to the Turkish Penal Code, a judicial fine is imposed for imprisonment sentences of 1 year or less, which is the conversion of the imprisonment sentence into a monetary penalty. In cases of bribery committed by coercion or persuasion, it does not seem possible to convert the sentenced punishment into a judicial fine due to the severity of the sentence. However, in cases where the crime is committed by taking advantage of a mistake, the bribery crime can be converted into a judicial fine.
The decision of deferral of the announcement of the verdict, regulated under the Turkish Penal Code, is given for imprisonment sentences of 2 years or less, provided that no damage has occurred against public institutions or organizations. In such cases, the defendant may receive a deferral of the announcement of the verdict based on the amount of the imprisonment sentence. For the crime of bribery committed by coercion, it is not possible to apply the deferral of the announcement of the verdict. In cases of bribery committed by persuasion, however, when a reduction is made under TCK article 250/4, the possibility of applying the deferral of the announcement of the verdict arises. In cases where bribery is committed by taking advantage of a mistake, since the minimum penalty is 1 year, the decision of deferral of the announcement of the verdict can be given.
However, with the Constitutional Court’s ruling on 01/08/2023, the regulation regarding the deferral of the announcement of the verdict has been annulled, and this regulation will come into effect on 01/08/2024. Until the effective date, the provisions of deferral of the announcement of the verdict may be applied if the conditions are met, but after the effective date (01/08/2024), the deferral of the announcement of the verdict will no longer be applicable.
According to the Turkish Penal Code, the decision to postpone the execution of the imprisonment sentence is a conditional waiver of the sentence to be served in prison. For bribery crimes, the conditions for granting a postponement of the sentence are generally stricter. However, in cases where bribery is committed by taking advantage of the victim’s mistake, a postponement of the sentence may be granted. Additionally, in other cases, if the time conditions of general provisions are met, a postponement of the sentence may be applied.
According to the Execution Law No. 5275, for crimes committed after 30.03.2020, in order for the convicted person to benefit from supervised release, they must be in an open prison or have the right to be transferred to such a facility, and must be in good conduct. The crime of bribery is also a type of crime suitable for the application of supervised release. For those who have 1 year or less left in their conditional release period, supervised release will be applied. With the amendment made to Law No. 5275 on 30/03/2020, the conditional release rate for bribery, which is not counted among exceptional crimes, has been reduced from 2/3 to 1/2. The supervised release period has been set as 3 years for crimes committed before 30/03/2020, and 1 year for crimes committed after this date.
If the crime of bribery is committed after 30/03/2020, the release rate will be applied as 1/2, and the supervised release period will be 1 year.
BRIBERY CRIME EXAMPLE COURT OF CASSATION DECISIONS
1- The Municipality Officer Committing Bribery Crime by Persuasion
… The defendant, who worked as the head of the municipal registry office and marriage officer, charged the victims M. D., H. K., E. N., and Ü. Ş. more than the required amount for the marriage certificate fee in 2010, which was 75 TL. Despite the legal fee being 75 TL, the defendant took 150 TL from M. D., 150 TL from H. K., 100 TL from E. N., and 100 TL from Ü. Ş. The defendant deposited 75 TL per person into the treasury but kept the remaining money for himself. The victims believed that the defendant’s actions would comply with the law and that he would use his authority and resources lawfully. However, taking advantage of this trust and belief, instead of directing the victims to the treasury to deposit their money, he deceived their will and received the money personally. This resulted in bribery by persuasion. It would be unlawful to classify and punish the crime as abuse of power (Court of Cassation 5th Criminal Chamber 2015/1500K.).
2- The Public Prosecutor Committing Bribery by Coercion
… The defendant was serving as a public prosecutor at the time of the crime. In an investigation file, the defendant conducted an operation for charges of usury, robbery, and organized crime, and detained the participants. It is alleged that while the participants were in detention, the defendant told them, “I can send you to court tomorrow, I can have you arrested, I can release you, or I may detain you longer; we will act according to the situation.” The defendant, who met with the participants’ lawyer in his office, allegedly demanded 100,000 TL, and when an agreement could not be reached regarding the money, the participants were detained for two days before being sent to court.
The defendant allegedly called one of the participants to the prosecutor’s office and told them they could be released within a month at the latest and demanded the previously promised 20,000 TL. Afterward, a request for release was written and submitted to the prosecutor’s office, and the participants were released. After their release, it was reported that the defendant went to a factory, received 4,000 TL in an envelope from one of the participants, frequently contacted the participants by phone, visited their farm, asked for 20 cows to be set aside for him, demanded a lamb to be slaughtered and sent to him, requested branded whiskey on the same day, asked for the payment of his car inspection fee, and continued to demand money for branded baklava and dried nuts from a special shop.
In the case file, the defendant was tried for bribery at the heavy penal court and was sentenced for the crime of attempting to accept a bribe.
Upon reviewing the file, the Court of Cassation stated that the defendant had committed the crime of bribery by coercion, as it was understood that the defendant had forced the participants to obtain benefits. The Court of Cassation disagreed with the local court’s erroneous assessment and found the conviction for attempted bribery to be incorrect. As a result, the Court of Cassation overturned the lower court’s decision based on this reasoning. (Court of Cassation, 5th Criminal Chamber, 2018/8818 Decision)
3- Committing the Crime of Bribery by Exploiting a Mistake
… The defendant, a public officer (civil servant), carried out the measurement and calibration of the complainants’ fuel station. This action by the public officer should be performed free of charge by law. Unaware that it should be free, the complainants were charged 200 TL by the public officer for the service fee. In the course of the events, where the public officer took advantage of the complainants’ mistake without active behavior, and received the money, the action corresponds to the crime of bribery by exploiting a mistake as regulated in Article 250/3 of the Turkish Penal Code. However, sentencing the defendant for bribery by persuasion is contrary to the law (Court of Cassation, 12th Criminal Chamber – 2012/10002).
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