Evaluation Of Kickback Practices Under The Turkish Criminal Law

Introduction

Kickbacks constitute a form of bribery and corruption whereby a person involved in approving purchases or contracts implicitly agrees to receive an unauthorized benefit from a vendor in return for awarding or facilitating business.¹ As kickback schemes typically involve collusion linked to procurement or contracting processes, they are most associated with employees operating within purchasing or supply-chain functions

Examination of Kickbacks under TCC

Turkish Criminal Law does not regulate "kickbacks" as an independent or expressly defined criminal offence. Nevertheless, depending on the factual circumstances, kickback-related conduct may fall within the scope of various offences regulated under the Turkish Criminal Code ("TCC"). These potential qualifications are examined below with reference to the relevant offence types.