The crime of establishing an organization with the purpose of committing a crime

Collective and systematic structures that will be formed in order to achieve the benefits aimed to be obtained by committing a crime in a definite and rapid manner, are considered as criminal organizations in terms of criminal law, and become the subject of organized criminality by fulfilling the conditions specified in the laws and case-laws. Regulations regarding criminal organizations in Turkish criminal law are included in Articles 220, 78 and 314 of the Turkish Penal Code No. 5237 and Anti-Terror Law No. 3713. In Article 220 of the Turkish Penal Code No. 5237, which is the basic and general regulation regarding organized crimes; The crime of "Establishing an Organization for the Purpose of Committing a Crime", which also includes the crimes of establishing an organization, leading an organization, being a member of an organization, helping the organization and making propaganda for the organization, was regulated. In Article 314 of the Law, the crime of "Armed Organization", which is limited in terms of purpose crimes, is regulated compared to the crime of establishing an organization with the aim of committing a crime. In the 78th article of the same law, the crime of "organization" is regulated, unlike the crimes of establishing an organization and an armed organization for the purpose of committing a crime. This crime is regulated only for the organizations where the crimes of "Genocide and Crimes Against Humanity" regulated in Articles 76 and 77 of the TPC are determined. Although the elements specified in Article 220 of the TPC are sought in relation to the organization within the scope of this article, only the crimes of founding an organization, leading an organization and being a member of an organization are regulated under article 78. No reference was made to Article 220 of the TCK on other issues. The Anti-Terror Law No. 3713 includes the regulations regarding terrorist organizations, which are the means of the crimes that are aimed to be committed, contrary to the crime of establishing an organization for the purpose of committing a crime, and the intended political consequences of the crimes to be committed. Provisions regulated in Articles 220 and 221 of the TPC, especially in terms of its elements, it is of a general nature regarding the organization and will also apply to armed organizations and terrorist organizations in cases where there is no provision. In our study; The regulations regarding the organizations within the scope of the Turkish Penal Code and the Anti-Terror Law have been examined. The elements related to establishing an organization for the purpose of committing a crime, an armed organization and terrorist organization crimes are discussed in line with different views in the doctrine and judicial decisions. Keywords: Organized Criminality, Establishing an Organization, Managing an Organization, Membership in an Organization, Armed Organization, Terrorist Organization.