Nüfuz Ticareti Suçu

Abstract

The presevation of faith in the functioning and reliability of public administration is of great importance in society. On the other hand, because some acts called corruption damage this belief, the legislator has subjected such actions to criminal charges. Corruption is a matter which needed to be struggeled not only at the national level but also at the international level. For this reason, various international organizations are established within the framework of fight against corruption and also a great number of international conventions are concluded. Crime of trading in influence is one of the corruption-based acts and is regulated in Article 255 of the Turkish Penal Code No. 5237 on the basis of the obligations of the international contracts to which our country is a party. As this regulation which has been added to Turkish Penal Code with the amendment made by the Law No. 6352 is relatively new, there is not enough resources in the doctrine and the number of judicial decisions in the guiding nature is also insufficient. Crime of trading in influence occurs when a person provides advantage to anyone who confirms that he or she is able to exert an improper influence over the public officer in order to make an unlawfull work get done and when this person agrees tho use his influence on the public officcer to make the unlawfull work get done in exchange of the benefit mentionded above. In the course of our study, we have discussed the basic concepts, the legal basis, structural elements of the crime and some other issues that are important in terms of this offence, by drawing controversial points to the forefront. While doing this, some points that could be problematic were tried to be put forward and some suggestions for solution were given.