The place of pyramid sales systems in Turkish criminal law

Pyramid sales systems are prohibited under Article 80 of the Consumer Protection Law No. 6502. The prohibition of these systems, in which a large number of people who dream of getting rich in a short time due to promises of earning money or assets, but which result in most people losing money, aims to protect both consumers who are in a weak position and public order. In our study, firstly, general information on pyramid selling systems is given and the place of these systems in comparative law and Turkish law is analyzed. Then, information on legal and illegal systems, which are confused with pyramid sales systems in the doctrine due to the similarities between them, is given, and the line between these systems is tried to be clarified by revealing their differences. Subsequently, private law and administrative sanctions regarding the prohibition of the establishment, dissemination and recommendation of pyramid selling systems are discussed. The main subject of our study is paragraph 17 of Article 77 of the Law on the Protection of Consumers, which regulates that the relevant provisions of the Turkish Criminal Code will be applied to persons who violate the prohibition on pyramid sales systems. Due to this regulation, which makes a general reference to the Turkish Criminal Code, it is controversial in the doctrine under which offense the pyramid sales systems will be punished. For this reason, our study aims to determine the place of pyramid sales systems in Turkish Criminal Law in the light of the opinions in the doctrine and the decisions of the Court of Cassation. In line with this purpose, in the second part of our study, the types of crimes that are claimed to be appropriate for pyramid selling systems in the doctrine will be examined. Keywords: Pyramid selling systems, Ponzi scheme, Ponzi, Multilevel marketing system, Fraud.