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Bribery and extortion crimes

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2023
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Abstract (EN)

Bribery and extortion crimes are regulated under the title of "Crimes Against the Reliability and Functioning of the Public Administration" in the fourth part of the second book of the Turkish Penal Code. Bribery is providing a benefit to a public official or another person to be shown, either directly or through intermediaries, in order for him to do or not to do a job related to the performance of his duty. Bribery is a multi-perpetrator and heterogeneous act of confrontation. The victim of bribery is the whole society. Bribery is a crime specific to the bribe recipient and its perpetrator can only be a public official. The material subject of the crime of bribery is the benefit obtained by the public official in exchange for doing or not doing a job related to the performance of his duty. The act element of the crime of bribery consists of bribing a public official or a third party within the framework of the bribery agreement and taking the bribe by these persons. The crime of bribery is completed as soon as the benefit is obtained by the public official, but it is also considered completed with the conclusion of the bribery agreement. Attempted the crime of bribery is possible. In the crime of bribery, effective repentance can be applied. Bribery is not subject to an investigation permit. The crime of extortion is the promise of benefit or benefit to himself or to someone else by taking advantage of coercion, persuasion or mistake from a person who wants to have a just job done properly by abusing the influence/trust provided by the public official's duty. In the law, three different types of crime, which are independent from each other, are regulated as extortion by coercion, extortion by persuasion and extortion by taking advantage of error. The crime of extortion is a specific crime and the perpetrator can only be a public official. The material subject of the crime of extortion is all kinds of benefits that objectively improve the situation of the perpetrator. In the crime of extortion, the penalty can be reduced by taking into account the low value of the property subject to the crime and the economic situation of the victim.

Author

Ahmet Hakan Soytürk

How to Cite

Ahmet Hakan Soytürk (Master Thesis). Bribery and extortion crimes, 2023, Ankara University.

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