EMBEZZLEMENT OFFENSE

The offence of extortion (irtikâp) is regulated under Article 250 of the Turkish Penal Code No. 5237 within the chapter titled Crimes Against the Reliability and Functioning of Public Administration.

Definition of the Crime

The extortion offence arises when a public official (such as a civil servant or expert witness) abuses the influence or authority of their official position to obtain a benefit for themselves or another person, or to induce others to provide such a benefit. It is considered a crime committed through unilateral influence over the victim's will.

This offence is a specific crime, meaning that only a public official can be its principal perpetrator; non-public officials cannot independently commit the offence but may be liable under participation rules (e.g., as accomplices or instigators).

The extortion offence is not subject to complaint and is prosecuted ex officio (the prosecution proceeds without requiring a victim's complaint).

Ways the Crime May Be Committed

Under Article 250, the offence may be committed in three different forms:

  1. By coercion (icbar) – misuse of official influence to force someone to provide or promise a benefit.
  2. By persuasion (ikna) – use of deceit or manipulation that exploits the trust attached to the official position to induce a person to provide or promise a benefit.
  3. By exploiting a mistake – taking advantage of a person's error to obtain a benefit.

Penalties under the Penal Code

The penalty varies depending on how the offence was committed:

  • Coercion (icbar): imprisonment from five (5) to ten (10) years.
  • Persuasion (ikna): imprisonment from three (3) to five (5) years.
  • Exploitation of mistake: imprisonment from one (1) to three (3) years.

Legal Nature and Purpose

The extortion offence safeguards both the integrity and impartiality of public administration and the individual's freedom of decision-making by preventing public officials from exploiting their position to secure undeserved benefits from others.