jurisdiction

Turkiye
Source of law 

Article 8, Article 60, Article 252/1, 9, Article 253 and Article 254 of the Turkish Criminal Code 

 

Article 8, Article 60, Article 252/1, 9, Article 253 and Article 254 of the Turkish Criminal Code 

 

Offence 

Bribing a public official 

Providing a benefit to a public official or another person at the request of the public official, directly or through an intermediary, for the performance or non-performance of an act relating to his duty. 

Being bribed as a public official 

Ensuring of a benefit by a public official or another person at the request of the public official, directly or through an intermediary, for the performance or non-performance of an act relating to his duty. 

Being an Intermediary to Bribery 

Communicating an offer to or requesting a bribe from the other party, ensuring an agreement for a bribe or ensuring the provision of a bribe. 

Being a Benefactor of a Bribe 

Accepting an indirect benefit from a bribe as the authorised person of a third person or legal entity. 

The bribe  
Is there a presumption that the advantage was given/received corruptly? NoNo No No
Would facilitation payments be caught? Yes  Yes  Yes  Yes  
Would corporate hospitality be caught? No No NoNo
Is there any de minimis? No NoNoNo
Does the bribe have to be monetary? No No No No
Public officials  
Does the offence only apply to bribing public officials? No 1  No No 1  No 1 
Acts performed outside Turkey  
Can bribery performed outside Turkey be caught? Yes  2  Yes 2  Yes  2  Yes  2  
Does the act also need to be illegal in the foreign country of performance? No NoNoNo 
Who can be liable?     
Turkish national? Yes  Yes  Yes  Yes  
Turkish company? Yes  No Yes  Yes  
Turkish partnership (including limited liability partnership) incorporated? Yes  NoYes  Yes  
Director of Turkish company No 3  No No 3  Yes  3 
Turkish company if the bribe is committed abroad by its foreign subsidiary? No 4  No No 4  No 4  
Foreign subsidiary of a Turkish company if the bribe is committed abroad? Yes 2  NoYes  2  Yes 2 
Foreign national/company/ partnership if bribe is committed in Turkey? Yes  NoYes  Yes
Foreign national domiciled or “ordinarily resident” in Turkey if bribe is committed outside Turkey? No 5  NoNo 5  No 5  
Foreign company/partnership if bribe is committed abroad? No 5  No No 5  No 5 
Penalties  
Penalties include: 

Individuals 

  • Imprisonment of between four and 12 twelve years 
  • Imprisonment of between two and six years if the bribe is offered but not accepted by the public official or other recipient 
  • Sentences are increased by up to 50% if the offence is committed by a judge, court expert, notary or certified public accountant 

Legal Entities 

  • Cancellation of permit if operating through a permit obtained from a state institution 
  • Seizure of assets or income 
  • Monetary fine between TRY 10,000 and TRY 50M,  but it should always exceed double the benefit obtained 

Individuals 

  • Imprisonment of between four and 12 twelve years 
  • Imprisonment of between two and six years if the bribe is offered but not accepted by the public official or other recipient 
  • Sentences are increased by up to 50% if the offence is committed by a judge, court expert, notary or certified public accountant 

Legal Entities 

  • Cancellation of permit if operating through a permit obtained from a state institution 
  • Seizure of assets or income 
  • Monetary fine between TRY 10,000 and TRY 50M,  but it should always exceed double the benefit obtained 
Defences  
Are there any defences available? 

Yes - If the public official who has received a bribe submits it to the authorities prior to the authorities learning of the matter, the public official will not be penalised for bribery. A public official who has agreed to accept a bribe will also not be penalised if he notifies the authorities prior to the authorities learning of the matter.  

Yes - If an individual who has bribed or agreed with a public officer to commit bribery informs the authorities with regret, prior to the authorities learning of the matter, the individual will not be penalised for bribery.   

Yes - If the public official who has received a bribe submits it to the authorities prior to the authorities learning of the matter, the public official will not be penalised for bribery. A public official who has agreed to accept a bribe will also not be penalised if he notifies the authorities prior to the authorities learning of the matter. 

Yes - If an individual participant in the offence of bribery informs the authorities with regret, prior to the authorities learning of the matter, the individual will not be penalised for bribery.