TCK Article 257 is a crime that occurs when a public official performs, fails to perform, or delays his duty unlawfully, causing victimization to a public institution or individuals, or providing an unfair advantage to a public institution or individuals.
Penalties
- Art.257/1 (with executive conduct): "Public officer who causes victimization of persons or harm to the public, or provides an unfair advantage to persons, by acting contrary to the requirements of his duty, except for cases separately defined as crimes by law" — 6 months-2 years imprisonment.
- Art.257/2 (with negligent behavior): The same consequences occur due to negligence or delay in performing the requirements of the duty: 3 months-1 year imprisonment.
Elements of Crime
- Perpetrator: Public officer (TCK article 6/1-c).
- Action: Performance or omission contrary to the requirements of the task.
- Result: Victimization, public harm or unfair benefit.
- Causal link: Between action and result.
- Intention: Act of a public official knowingly.
"General Provision" — Supplementary Nature
Art.257 is a "general provision". If the action of the public official meets the definition of another special crime type (bribery, extortion, embezzlement, etc.), special provision is applied, not Article 257. For this reason, Article 257 is on the agenda only in cases "not covered by others".
Scope of "Unfair Benefit"
- Material benefit (money, goods).
- Non-material benefit (promotion, job security, social status).
- Benefit provided to a third party (spouse, relative, friend).
Scope of "Personal Victimization"
- Material damage (decrease in assets).
- Pecuniary damage (loss of rights, reputation).
- Loss of administrative rights (license, permit denial).
Supreme Court 5th CD and CGK — Established Approach
5. In the application of Article 257, CD and CGK seek for the result of "unfair benefit" or "victimization" to be concrete and measurable; Pure procedural violations or inconclusive actions are not evaluated within the scope of Article 257. "Disciplinary issue or criminal sanction?" The border is drawn with this criterion.
Relationship with Administrative Process
The same action may be subject to both disciplinary and punishment processes:
- Discipline: DMK No. 657 or institution-specific legislation.
- Penalty: TCK Article 257 + Law on the Trial of Civil Servants and Other Public Officials (4483).
- Administrative court process (appointment, promotion, dismissal).
Law No. 4483 — Pre-Permission System
In crimes committed by a public official arising from their duties, the approval of the "authority authorized to grant permission" for the investigation is required. This process:
- Request for investigation permission upon criminal complaint.
- Decision to grant permission by the local authority or the ministry.
- If permission is given, the prosecutor's office will conduct a preliminary investigation.
- If not given, the complainant may object within 30 days.
What the Victim Should Do
Misconduct files sit at the intersection of the administrative and criminal process. Administrative and criminal law lawyer should work together.