The crime of avoiding the sales of goods or provision of services (TCC art. 240)

Each act that an indiviual conducts or avoids to conduct comes with a cost. This cost stems from the fact that no resource is infinite. Therefore, individuals behave according to their own will, albeit in a certain way pursuant to their cost analysis. With a glance from this perspective, it is observed that individuals maintain their living standards by dwelling upon economic considerations and calculations, even though they are unaware of this phenomenon. An indiviual's behavior affecting another individual creates a medium of economic exhcange, which is referred to as the market. Although there are different views regarding the maintenance of this atmosphere, the common denominator of all is that the free market economy should be preserved by an uninterrupted, continuous handling. This common understanding manifests itself under the rules of economic criminal law, which constitutes an integral part of criminal law. With this respect, a number of stipulations have been foreseen by the legislator. The work at hand examines the crime of avoiding the sales of goods or provision of services (Art. 240) stipulated under Turkish Criminal Code No. 5237. Since it is an economic crime, the elements of crime are interpreted in an economic point of view. Consequently, it is claimed that the crime of avoiding the sales of goods or provision of services should be abolished because it is against both legal and economic merits.