In this article, we review the developments in 2019 about anti-corruption and compliance matters concerning Turkey from both national and international perspectives.
Latest Development in EU-Turkey Relationship
The European Commission has published “Turkey 2019 Report” as part of 2019 Communication on EU Enlargement Policy. The shortcomings and recommendations to make progress in the fight against corruption are among the topics underlined in the report. The European Com...»
The first step has been taken towards the judicial reform, which has become a hot topic recently. With the Law No. 7188 on Making Amendments to the Code of Criminal Procedure and Certain Laws (“Law No. 7188”) dated 17 October 2019, which took effect with its promulgation in the Official Gazette No. 30928 of 24 October 2019; critical amendments have been made particularly with regards to the criminal procedure. Among these amendments, the ones which are considered to affect th...»
Transparency International announced the results of the 2018 Corruption Perceptions Index (the “2018 Index”) on January 29, 2019. As known, this study has been carried out and published by Transparency International since 1995, and reflects the public sector corruption perspective of experts, non-governmental organisations and representatives of the business world on a scale from 0 (highly corrupt) to 100 (very clean).
When compared to the 2017 results, Turkey ha...»
General context and principles
1 Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy aspects as it relates to your country
This year, a Ponzi scheme investigation was initiated against Ciftlik Bank, a digital game platform that collected more than 1 billion Turkish lira from around 132,000 users. The public prosecutor started an investigation into four of its companies, alleging the formation of orga...»
The previous version of Article 134′s first paragraph stated as follows:
Upon the motion of the public prosecutor during an investigation with respect to a crime, the judge shall issue a decision on the search of computers and computer programs and records used by the suspect, the copying, analyzing, and textualization of those records, if there is strong doubt based on solid evidence and it is not possible to obtain the evidence by other means.
Under the new parag...»
Attorney-client privilege is widely debated, as its interpretation is difficult in cross-border litigation and investigations. This update aims to:
shed light on the relevant legal provisions under Turkish law;
draw the boundaries of the concept; and
highlight its relevance to white collar crime.
The Advocate Law of 19 March 1969 (1136) regulates attorney-client privilege for attorneys. According to Article 36 of the Advocate Law (“Right to Keep Secrets”) attorneys cannot d...»
When the Turkish Data Protection Act entered in force back in 2016, it provided a two-year period for data controllers to bring their data protection policies in conformity with the new law. Since the April 7 expiry of this transition period there has been a boom in the area of data protection similar to what has recently happened in Europe with the General Data Protection Regulation’s entry into force.
Although it seems for the time being that the focus is mostly on this con...»
Regulatory provisions and authorities
1. What is the main legislation relevant to corporate manslaughter?
There is no specific law that regulates corporate manslaughter in Turkey. However, in the Turkish Criminal Code (Law No 5237), there is a general provision regarding negligent homicide which can be a legal basis for prosecution, depending on the specifics of the case.
2. What is the specific offence that can be used to prosecute corporate m...»
On February 21 2018 Transparency International published the 2017 Corruption Perceptions Index, which reflects the public sector corruption perspective of non-governmental organisations and representatives of the business world on a scale from 0 (highly corrupt) to 100 (very clean).(1)
New Zealand and Denmark ranked the highest, with respective scores of 89 and 88. Notably, since 2012, several countries have significantly improved their index score – including Cô...»
Almost all whistleblowing reports are evaluated quickly due to the urgency of the matter. However, if an evaluation is completed without taking fundamental steps or necessary planning, it may result in an improper investigation and eventually the inability to resolve the issue, or even the undertaking of an unnecessary investigation.
Evaluation of whistleblower reports
The majority of whistleblowers are employees(1) and are generally more cooperative in comparison to outsider...»
During his/her professional life, a company executive operating in Turkey can face various types of criminal liability. This article aims to provide a general overview of the possible risks in relation to criminal law that an executive can come across.
The picture is clear when an executive intentionally commits a crime to the detriment of the company that he/she is working for in order to obtain personal financial benefit. In such cases, the situation is more straightforward...»
Blockchain technology has the potential to become as important as the Internet and its effects could be revolutionary. Conversely, cryptocurrencies are seen as disruptive by many market players. While the number of holders of cryptocurrencies has been increasing, the growth of this new field has resulted in numerous questions and much debate.
Cryptocurrencies were introduced to the Turkish market on July 20 2013 under Law on Payment and Security Settlement Systems, Payment Se...»