Master'sOpen Access

Establishing an organization with the aim of commiting crimes (Turkish Criminal Code article 220)

2010
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Advisor: Doç. Dr. Mustafa Ruhan Erdem

Abstract (EN)

Organized crime that carries its activities to international borders from local and national borders, creates an important threat for social orders with the image while it achieves its actions. To struggle with this threat, the governments bring various criminal provisions for taking these structurings under law sanction by putting in place the criminal law orders.Turkish Criminal Code No. 5237 regulates the crime of ?establishing an organization with the aim of committing crimes? which is a common and component norm for this crime type. With this regulation, just establishing an organization with the aim of committing crimes will be punished even if no crimes commited as a part of organizations activity. Accordingly, if the organization is sufficient to commit purposed crimes with its structure, number of members and tools; and also if it is formed from minimum three persons who came together to achieve the activities which the Code regulated as a crime; penalization will be executed. So that, the code regulates a concrete danger crime. The clause predict a special responsibility regime for directors of organizations. Besides, the person who commits crime for the organization without being member of organization, will be penalized also as an organization member. Also, the person who helps to organization knowingly and intentionally without being included to hierarchial structure of organization, will be penalized as an organization member too. The clause punishes the organization?s or its purposes propagand in its last paragraph.In our study, the ?establishing an organization with the aim of committing crimes? which is regulated at the article 220 of Turkish Criminal Code No. 5237 was explained after the evaluation of organized crime notion and its facts with regard to foreign countries, international law and Turkey.Key Words: Organized Crime, Establishing an Organization With The Aim of Committing Crimes, Turkish Criminal Code article 220, Crime Organization.

Author

Dr. Cihan Kavlak

How to Cite

Cihan Kavlak (Master Thesis). Establishing an organization with the aim of commiting crimes (Turkish Criminal Code article 220), 2010, Dokuz Eylül University.

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