TCK Article 252 punishes "a public official who, directly or through intermediaries, provides benefits to himself or to another person nominated by him in order to do or not to do a job contrary to the requirements of his duty" as accepting a bribe.
Penalties
- Art.252/1 (public official taking bribe): 4-12 years in prison.
- Art.252/2 (briber): He is punished within the same band.
- Art.252/3: Providing benefits for doing business in accordance with the requirements of the job (simple bribery): 2-5 years imprisonment.
- Art.252/4 (mediation): The person who acts as an intermediary in a bribery relationship is subject to the same penalty.
- Art.252/5 (third person for whose benefit a bribe is given): The third person who knowingly benefits is also punished.
Elements of Crime
- Perpetrator: Public officer (TCK article 6/1-c).
- Benefit: Money, goods, services, favoritism, etc. (without distinguishing between material and non-material).
- In return for "doing the job": A job that is contrary to the requirements of the task (Art. 252/1) or appropriate (Art. 252/3).
- Intentional agreement or acceptance.
"Promise/Agreement" Phase
The crime of bribery occurs only at the "promise-acceptance" stage, without providing any actual benefit. So:
- If the public official accepts the bribe offer, the crime is completed even if no actual money is received.
- A crime occurs as soon as the giver makes an offer.
Effective Regret (TCK Article 254)
There is a special effective remorse provision in the crime of bribery:
- If the giver or recipient notifies the authority before the investigation begins and surrenders the bribe or the benefit obtained from it: no penalty will be imposed.
- Notification/surrender after the investigation has begun: the penalty is significantly reduced.
- This provision is of critical importance in the investigative strategy.
Supreme Court 5th CD and CGK — Established Approach
5. In the crime of bribery, CD and CGK require that the "promise-acceptance will" be demonstrated with concrete evidence (voice recording, message, bank transfer, eyewitness) and that the possibility that the pure transfer of interest is based on another legal reason is excluded.
Bribery Regarding Tenders
- Public Administration No. 4734 + TCK Article 252 together evaluation.
- Tender rigging (TCK Article 235) is a separate crime.
- Abuse of power + bribery chain.
"Gift" — Bribery Limit
- DMK no. 657 article 29: Civil servants cannot receive anything other than small gifts.
- Gifts that exceed the level of personal-social courtesy are open to bribery.
- A constant flow of gifts within a "business relationship" indicates intent to bribe.
- Ethical limit: small amount + amounts outside of ordinary occasion (christmas, birthday) + personal relationship.
Practical Considerations
Bribery cases have multiple defendants and cross-evidence. Experienced criminal defense attorney is a must.