Economic and Corporate Criminal Law

Misdemeanors, Administrative Fines and Objections to Administrative Sanctions

Even if an act does not constitute an offense, it may be a misdemeanor or an administrative violation regulated by a special law. In administrative fines, forfeiture of property to the state, suspension of activity and sanctions connected with a license or permit, the competent authority for the application and the time limit may vary according to the special law that regulates the sanction.

The procedures assessed in this scope are:

• Administrative fines imposed under the Misdemeanors Law and special laws
• Forfeiture of property to the state and related administrative measures
• Legal review of the record, notification, authority, reasoning and evidence
• Applying to the criminal judgeship of peace or to the administrative or judicial authority designated by the special law
• Separating cases in which a criminal investigation and an administrative sanction arise from the same act
• Assessing related consequences for a license, activity, profession or company together with the relevant practice area

An administrative fine is not challenged before the same authority and within the same period in every case. A general route of application should not be assumed without examining the decision and the notification.

Economic, Financial and Corporate Criminal Law

• Embezzlement, extortion by a public official, bribery and abuse of office
• Bid rigging and rigging the performance of an obligation
• Laundering of assets derived from crime
• Usury and allegations of offenses committed for economic gain
• Offenses connected with banking, capital markets, insurance and payment systems
• Liability of company managers, representatives, employees and de facto managers
• Security measures concerning legal entities
• Internal company review, document retention and criminal risk assessment
• Examining commercial books, accounting entries, bank movements and electronic records
• Asset seizure, trusteeship and confiscation measures

In corporate criminal files, the same event may also have consequences under commercial, labor, tax, administrative and compensation law. Each process must be conducted within its own competent authority and standard of proof, taking into account its effects on the others.

Criminal Investigations of Public Officials and Investigation Permission Procedures

• Decisions granting or refusing investigation permission under Law No. 4483
• Objections to investigation permission decisions before the competent authority
• Special investigation and prosecution procedures concerning public officials
• Assessing the distinction between an offense of office and a personal offense
• Allegations of embezzlement, extortion by a public official, bribery, abuse of office and bid rigging
• Asset declarations and allegations of unlawful enrichment under Law No. 3628
• Separating a criminal investigation from a disciplinary investigation, and the consequences they may produce together
• Assessing civil service status, removal from duty, licenses and other administrative consequences

Investigation permission, a criminal investigation and a disciplinary investigation are not the same legal process. The competent authority, the route of objection and the time limit must be determined separately according to the person’s status, the act alleged and the connection of the act with the duty.

Tax Offenses and Smuggling Cases

• Tax evasion offenses under the Tax Procedure Law
• Allegations of forged documents or documents misleading as to their content
• Allegations of failing to submit, concealing or falsifying books and documents
• The effect of tax technique and tax inspection reports in the criminal file
• Offenses under the Anti-Smuggling Law No. 5607
• Allegations of customs, import, export, fuel, tobacco, alcohol and goods smuggling
• Search, seizure, liquidation and confiscation procedures
• The effect of effective remorse, payment and administrative processes on criminal responsibility
• Separating a dispute with the tax or customs administration from the criminal proceedings

Offenses against Intellectual and Industrial Property Rights

• Trademark infringement and allegations of counterfeit products
• Criminal investigations arising from infringement of copyright and related rights
• Infringement allegations carried out through websites, social media and online sales platforms
• Search, seizure, confiscation, safekeeping, destruction and forfeiture procedures
• Examining product, packaging, label, invoice, customs and sales records
• Assessing right ownership, license, permission, commercial use and the element of intent
• Separating a criminal investigation from civil, customs and unfair competition processes

Offenses Arising from Environmental, Zoning, Forestry and Sectoral Legislation

• Causing zoning pollution
• Intentional or negligent pollution of the environment
• Criminal investigations arising from forest, coastal, mining, energy and cultural asset legislation
• The criminal law dimension of violating license, permit and authorization conditions
• Technical determinations connected with an enterprise, facility, construction site or real estate
• Separating an administrative sanction from a criminal investigation
• Consequences that may apply to a natural person, a company manager and a legal entity

A dispute over the revocation of a license or a general administrative fine is not a criminal case. After their aspects connected to a criminal investigation have been shown, these procedures should be referred to the relevant administrative, tax or other practice area.

Cases before the Enforcement Criminal Courts and Coercive Imprisonment Procedures

• Allegations of breaching a payment undertaking tied to an enforcement order
• Complaints for failure to comply with an alimony decision
• Allegations of reducing assets or making untrue declarations with the aim of harming the creditor
• Violating provisions on abandoning trade
• Allegations that capital companies failed to request their bankruptcy under the statutory conditions
• Obligations concerning the asset declaration and the sanctions attached to them
• Complaint, defense, hearing and evidence procedures under the Enforcement and Bankruptcy Law
• Enforcement, lifting and legal remedy applications concerning disciplinary or coercive imprisonment decisions
• Criminal liability connected with a dishonored check and procedures on the ban on issuing checks

In enforcement criminal files, the right to complain, the preclusive period, the competent court, proper notification, and the conditions of payment or undertaking may directly affect the outcome of the file. Coercive imprisonment and disciplinary imprisonment are not subject to the same legal regime as imprisonment in the classic sense; the nature of the decision and the route of application under the special law must be examined separately.

Military Criminal and Disciplinary Procedures

• Allegations of offenses under the Military Penal Code No. 1632
• Desertion, overstaying leave, disobeying orders and offenses connected with military service
• Disciplinary procedures under the Turkish Armed Forces Disciplinary Law No. 6413
• The right of defense, the disciplinary investigation and the disciplinary penalty
• Separating a criminal investigation from the administrative disciplinary process
• Determining the competent judicial or administrative authority
• Examining legal remedy and administrative action time limits separately