Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
The crime of extortion by a public official occurs when a public official abuses their position to obtain an unjust benefit for themselves or for someone else.
This offense is regulated under Article 250 of the Turkish Penal Code.
According to this article:
(1) A public official who, by abusing the influence provided by their position, compels someone to provide a benefit to themselves or another person, or to promise such a benefit, shall be punished with imprisonment from five to ten years. The existence of coercion is recognized if, in response to the public official’s unjust actions or behavior, the person, fearing that their rightful matter will not be handled properly or in time, feels obliged to provide a benefit to the public official or a person designated by them.
(2) A public official who, by abusing the trust provided by their position, persuades someone through fraudulent acts to provide a benefit to themselves or another person, or to promise such a benefit, shall be punished with imprisonment from three to five years.
(3) If the offense described in the second paragraph is committed by taking advantage of the person’s mistake, imprisonment from one to three years shall be imposed.
(4) Taking into account the value of the benefit extorted and the economic situation of the victim, the penalty under the above paragraphs may be reduced by up to half.
According to the Turkish Penal Code, the crime of extortion can be committed in three ways:
This occurs when a public official uses the authority derived from their position to put a person under pressure and obtain a benefit. Even if the victim appears to consent, this consent does not stem from free will.
Example: A public official demands money by implying that a permit or license process will be delayed.
The public official abuses the trust provided by their position to deceive or persuade the victim. There is no explicit threat, but manipulation and abuse of trust are present.
The public official knowingly exploits a mistake made by the victim (e.g., overpayment) and does not correct it, obtaining the benefit.
The material and mental elements are important for determining whether the crime has been committed.
The crime can only be committed intentionally; it cannot be committed negligently. Perpetrator must:
The perpetrators of the crime of extortion can only be public officials. According to the Turkish Penal Code, a public official is anyone involved in the execution of public duties. It is not necessary for the person to be a permanent civil servant; it is sufficient that they exercise public authority.
Under the Turkish Penal Code, the crime of extortion carries a prison sentence ranging from 1 to 10 years, depending on how the offense is committed. In addition to criminal penalties, administrative sanctions may also apply to the public official, such as dismissal from duty or removal from civil service.
| Crime Type | Sentence |
|---|---|
Extortion by Coercion | Imprisonment from 5 to 10 years |
Extortion by Persuasion | Imprisonment from 3 to 5 years |
Extortion by Exploiting a Mistake | Imprisonment from 1 to 3 years |
No. It is investigated ex officio (officially) by the authorities.
No. It cannot be resolved through reconciliation; it falls outside the scope of legal settlement procedures.
