Establishment of an organization for the purpose of committing a crime (TPC a.220)

The offense of establishing an organization with the purpose of committing crimes is constituted when at least three persons join together to commit an indefinite number of offenses defined by law, forming a continuous organization with appropriate means and methods and operating within a hierarchical structure. Such a formation is deemed a "criminal organization" under criminal law and is subject to penal sanction. Rather than causing direct harm itself, the act of establishing the organization functions as a vehicle that prepares the ground for the principal crimes envisaged. Although, as a rule, preparatory acts are not punishable under the general principles of criminal law, this preparatory act has exceptionally been criminalized because organizations of this nature pose a serious threat to society. Under Article 220 of the Turkish Penal Code, the act of establishing an organization for the purpose of committing crimes has been treated as a distinct offense because it endangers public order and security. Even where no concrete offense has yet been committed, the atmosphere of fear and unrest generated by the organizational structure facilitates the commission of future crimes. Consequently, the organization's very existence is not merely seen as a preparatory stage but as an independent offense that creates social danger. Within the scope of the article, not only the acts of establishing and leading an organization, but also membership in such an organization, committing crimes on behalf of the organization, aiding the organization, and propagating the objective crimes adopted by the organization are punishable. In this study, the concepts of organization, the elements of an organization, armed organizations, and terrorist organizations are explained. After examining the offense of "Establishing an Organization with the Purpose of Committing Crimes" under Law No. 5237, the specific forms of the offense, the institution of effective remorse, and the place of the offense within criminal procedure are analyzed in detail. Keywords: Establishing An Organization, Managing An Organization, Membership In An Organization, Armed Organization, Terrorist Organization, Organized Criminality