MEMİŞ KARTAL, Pınar Galatasaray Üniversitesi - Hukuk Fakültesi - Ceza ve Ceza Muhakemesi Hukuku Anabilim Dalı, Turkey

Official Misconduct (TCK m.257)

20705

Official misconduct is an offence committed against public administration. While it was promulgated under three separate articles is the TCC no 765, it has been regulated under a single article in the New Criminal Code No. 5237. The legitimate interest protected by the recently promulgated legislation is the credibility of public administration. This offence is by definition a special offence which can be committed only by public servants who are agents charged with the proper application and execution of public administration duties and the confidence of the general public in the execution of those duties. This offence is committed where a public servant, through wilful misconduct or through negligence or indifference in the performance of the public duty with which he or she is charged, causes damage to persons or property as defined by the law. There is no offence where misconduct, negligence or indifference does not result in damage.

1373

Public administration , Public duty , Public servant , Official , officer , Official misconduct , Bribery.

Hukuk Araştırmaları Dergisi

1395