Malfeasance (TCK m.257)

One of the crimes in The Turkish Punitive Law, no 5237, under the heading of ?Crimes to Reliability and Operation of Public? is ?malfeasance?. Some of the crimes regulated in Punitive Law no 765; malfeasance, neglecting duty, misconducting in office and simple bribe taking are jointed under the heading of ?malfeasance? in Turkish Punitive Law?s 257th section and regulated as one crime. On the other hand, it is regulated to include three types of crimes in itself; ?malfeasance by violation of requirements of office?, ?neglecting or delaying the requirements of office? ?providing personal benefit for behaving in requirements of Office?. Malfeasance is regulated as an overall and an auxiliary crime. Therefore, it will be executed in the situations in which special qualified regulations are not applied. The crimes in this section are dependent on the occurrence of ?causing damnification of individuals or public?s damage?, ?providing improper personal benefit to individuals and taking an advantage from these to themselves?. Besides these consequences ?malfeasance? is regarded as a damage crime. The Turkish Punitive Law, no 5237, has adopted the public officer definition as the guilty of this crime and included the people in civil service in this definition and enlarged the definition. By our study, while malfeasance is being explained, differences between old and new regulations, arguments on the period of old regulations and solutions presented, innovations of new punitive law will be explained.