Bribery

Bribery is providing a benefit to a public official, or a person they designate, for performing or not performing an act contrary to their duties (Turkish Criminal Code Art. 252). The offence is complete when the parties reach agreement on the bribe; the benefit need not actually be delivered.

Scope

• Public officials: The basic form. Both the giver and the recipient face four to twelve years’ imprisonment.
• Private sector: Bribing persons acting on behalf of professional bodies with public institution status, companies established with the participation of public institutions, foundations within public institutions, public-benefit associations, cooperatives and listed joint stock companies is also covered.
• Foreign public officials: Bribing foreign public officials, officials of international organisations and foreign judicial officers in international business transactions is also an offence.
• Intermediaries: Those acting as intermediaries are punished as perpetrators.

Corporate Liability

If bribery is committed for a company’s benefit, security measures and an administrative fine may be imposed on the company; see Corporate Criminal Liability. Administrative consequences such as debarment from public tenders may also arise.

Effective Repentance

A recipient who, before the matter is discovered by the authorities, hands the bribe over to the investigating authorities, and a giver or person who agreed on the bribe who, before discovery, repents and informs the investigating authorities, are not punished (Art. 254). See Effective Repentance.

Compliance Programme

Companies manage bribery risk with:

• An anti-bribery and corruption policy,
• Gift, hospitality and donation rules,
• Controls on intermediaries, consultants and business partners,
• Recording of relations with public officials,
• A whistleblowing hotline and internal investigation mechanism.

Foreign anti-bribery laws (for example US and UK legislation) may also affect Turkish companies with links to those countries.