Abstract:

The Turkish Criminal Code numbered 5237 does not regard legal persons as perpetrators of crime, (TCC Art. 20) however, private law legal persons may be subjected to certain security measures because of the commission of certain crimes enumerated in the Code. (TCC Art. 60) According to TCC Art. 60, these measures are “cancellation of the permit issued by public authorities” and “confiscation”. It is possible not to rule for the application of these measures if being subject to them would create a result that is heavier on the legal person than the offence in question. (TCC Art. 60/3) “Judicial fine” is not among the sanctions applicable to legal persons. On the other hand, it is possible for legal persons to be subjected to administrative fines pursuant to Article 43/A of the Misdemeanors Code after the amendment of 2009. Security measures and administrative fines may be imposed on joint stock corporations, limited liability corporations, general partnerships and commandite companies which are private law legal persons.

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