Government investigations—Turkey—Q&A guide

The following Public Law practice note provides comprehensive and up to date legal information covering:

  • Government investigations—Turkey—Q&A guide
  • 1. What government agencies are principally responsible for the enforcement of civil and criminal laws and regulations applicable to businesses?
  • 2. What is the scope of each agency’s enforcement authority? Can the agencies pursue actions against corporate employees as well as the company itself? Do they typically do this?
  • 3. Can multiple government entities simultaneously investigate the same target business? Must they coordinate their investigations? May they share information obtained from the target and on what terms?
  • 4. In what fora can civil charges be brought? In what fora can criminal charges be brought?
  • 5. Is there a legal concept of corporate criminal liability? How does the government prove that a corporation is criminally liable for the acts of its officers, directors or employees?
  • 6. Must the government evaluate any particular factors in deciding whether to bring criminal charges against a corporation?
  • 7. What requirements must be met before a government entity can commence a civil or criminal investigation?
  • 8. What events commonly trigger a government investigation? Do different enforcement entities have different triggering events?
  • 9. What protections are whistle-blowers entitled to?
  • More...

Government investigations—Turkey—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to government investigations in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: July 2020).

Authors: Bozoğlu Izgi Attorney Partnership—Elvan Sevi Bozoğlu; Ata Umur Kalender; Fatmanur Caygın

1. What government agencies are principally responsible for the enforcement of civil and criminal laws and regulations applicable to businesses?

Turkish civil courts have jurisdiction over civil matters and Turkish criminal courts have jurisdiction over criminal matters.

There are also several government agencies with certain authority to oversee business-related matters and capable of enforcing certain regulations within their scope by imposing administrative fines and sanctions defined in law. For example, the Personal Data Protection Board is the competent authority to investigate breaches of the Personal Data Protection Law; the Advertisement Board is the agency that investigates advertisements suspected of breaching commercial advertising principles; and the Ministry of Health and its official affiliates, such as the Turkish Medicines and Medical Devices Agency, are the competent authorities for matters related to health and safety, among other governmental agencies responsible for administrative enforcements regarding breaches of relevant legislation by businesses. Further government agencies with authority to investigate businesses and with extensive enforcement authority include the Financial Crimes Investigation Board (MASAK), the Public Procurement Authority, the State Supervisory Council (the Council), the Competition Authority, the Energy Market

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