The crime of aiding the criminal organization of a non-member in Turkish law

Adopting even more complex structures than ever day by day, criminal organisations are supported by third parties as well as their own members. Correspondingly, the legislator lays down the criminal norms aiming to eliminate criminal organisations in such a way to hold liable not only the founders, leaders and members but also those who commit crimes on behalf of the organization, aid or make propaganda for the entity. Constituting the subject of the present work, the crime of aiding a criminal organization is regulated in the seventh paragraph of the Article 220 of the Turkish Penal Code. There are three main criticisms against the said Article. First, although the person aiding the organisation does not belong to the organisation, s/he is sentenced to the same punishment as a member. Second, concepts in the wording of the article are too ambiguous which makes different interpretations possible. Third, the crime of aiding a criminal organization cannot be easily distinguished from other crimes of organization. In this three-part study, the first part briefly explains the concepts of criminal organisation and organised crime before clarifying the essentials of the crime of aiding a criminal organization such as the protected legal interest and any other issues relating to the elements of the crime. This part also includes different perspectives in comparative law and history of the crime. In the and, the case-law of Turkish Courts and the European Court of Human Rights on the crime of aiding a criminal organization is reviewed.