Turkish criminal law does not punish companies as such, but companies and their executives still face real exposure in white-collar cases.
Under Turkish law, criminal liability is personal: only individuals can be convicted of a crime. This does not mean that companies are out of reach when white-collar offences are committed in the course of their business.
Security measures and administrative fines
Where an offence is committed for the benefit of a legal entity, the Turkish Criminal Code allows security measures against it, such as confiscation and, for certain offences, the revocation of a licence. The Law on Misdemeanours also provides for administrative fines against legal entities for a list of offences, including certain fraud, bribery and money laundering offences.
Executives in focus
In practice, investigations focus on the board members, managers and employees who took or approved the relevant decisions. Tax, customs and banking offences in particular can lead to proceedings against the individuals responsible within the company.
Being prepared
- Clear internal responsibilities and documented decision-making.
- Prompt legal advice when an investigation or search begins.
- Coordination between the defence of the company and that of the individuals involved.
This publication is for general information only and does not constitute legal advice. Please contact us for advice on your specific situation.