Benefit oriented criminal organization and examining of atcs defined as crimes with regard to this organization from the perspective of the Turkish Penal System

Ill ABSTRACT Benefit-Oriented Criminal Organizations is defined in paragraph, one of article one of Code of the Prevention of Benefit-Oriented Criminal Organizations, no. 4422. In this article the setting up, managing, acting on behalf of the organization, undertaking services deliberately, being an accessory, making propagating broadcasting for the organization or propagating in any manner are set as acts of crime. Assisting these organizations is also arranged as an offence in article fifteen. Organization comes into existence when its social body is formed and is organized even simply after joining of people regarded as enough by a judge, but not less than three, with the intend of committing uncertain number and types of crimes, to acquire aims by using methods defined and explained in this code. If this organization is armed, this is considered as a reason for an increase in the sentence for the committers of the actions mentioned in the first paragraph of article one. Being a civil servant or a public person is also considered as a reason for an increase in the sentence for perpetrators. Sentences of the members who committed the instrument offences for organization to reach the goals counted in paragraph one of article one or non-members who committed the same crimes, and sentences of the ones who committed the offences under article 296 of Turkish Penal Code are increased. This code, in a more detailed way than article 36 of Turkish Penal Code, arranges the confiscation of substitutes of any value and revenues or any benefit generated through crime. In this code, the preventive actions to be taken for the movable, immovable property and all kind of rights and claims for which there is strong indications that all of these gained by a person, that there is also strong indications that this person committed one of the crimes in the first article by means of enumerated crimes is also arranged. Decision on preventive action covers the values or products intended for the commission of crimes or used in commission of crime and these things should be confiscated according to the general rules. Court's decision on confiscation is an explanatory decision for the things confiscated according to this code but constructive decision for the others. Provisions of regret is arranged as reasons for mitigation in sentence or for not to be sentenced according to the phases of case or circumstances of perpetrator. The aim of this thesis is to examine these crimes comparatively from the perspective of the Turkish Criminal Law System by defining benefit-oriented criminal organizations.