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In this article, we discuss the organisation offencewithin the framework of Article 78 of Turkish Criminal Code No. 5237. We examine in turn the text of the article, the concept of an organisation, the distinction between a criminal organisation and an organised criminal organisation, and the offences referred to in the article.
Organisations are regulated in Article 78 of the Turkish Criminal Code (TCK) No. 5237:
“(1) Any person who establishes or manages an organisation for the purpose of committing the offences set out in the above articles shall be sentenced to imprisonment for a term of ten to fifteen years. Those who become members of such organisations shall be sentenced to imprisonment for a term of five to ten years.
(2) A security measure shall also be ordered against legal persons on account of these offences.
(3) No statute of limitations shall apply to these offences.”
Turkish Criminal Code No. 5237, Art. 78
Person who forms or leads the organisation
Imprisonment from ten to fifteen years
Member of the organisation
Imprisonment from five to ten years
First of all, an organisationmay be defined as a system consisting of individuals who plan specified tasks through a process of interaction and who act in cooperation.
An organisation may constitute an offence under the TCK by reason of the purpose for which it exists. If, as stated in Article 78/1 of the TCK, “for the purpose of committing the offences set out in the above articles…” If an organisation has been established, it will be referred to in criminal law as a criminal organisation. If the organisation displays features such as having a hierarchical structure, committing offences on a continuous basis, possessing materials suitable for committing offences, aiming to obtain unjust gain and consisting of at least three persons, such a structure is called an ORGANISED CRIME ORGANISATION.
The elements required for an organised criminal organisation are, in brief, as follows:
In paragraph 1 of Article 78 of the TCK, “the offences set out in the above articles” refers to genocide and crimes against humanity.
Purpose of the provision
The purpose of including such a provision in the Code is to penalise separately the establishment of an organisation for the commission of genocide and crimes against humanity, as well as membership of such an organisation.
Related page: Serious Crimes Lawyer in Ankara (Assize Court) — investigation, pre-trial detention, assize court trials and legal remedies
Related legislation: Turkish Criminal Code No. 5237 (mevzuat.gov.tr)
The article discusses Article 78 of TCK No. 5237. According to the article, the expression 'the offences set out in the preceding articles' in this provision refers to genocide and crimes against humanity.
According to the text cited in the article, a person who establishes or manages the organisation is sentenced to imprisonment of ten to fifteen years, and members of the organisation to imprisonment of five to ten years; security measures are also imposed on legal entities, and no limitation period applies to these offences.
The article states that a structure having elements such as a hierarchical structure, the continuous commission of offences, possession of materials suitable for committing offences, the aim of unjust gain, and consisting of at least three persons is called an organised crime group.
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