Economic Crimes

Economic crimes are legal offenses that threaten the economic stability of society by undermining the integrity of the financial system.

What is a Trade Secret?

A trade secret refers to all information and documents, known by the employees of firms and by natural and legal persons with whom they have contractual relationships, concerning the operational areas of sole proprietorships, limited liability companies, and joint-stock companies, the unauthorized disclosure of which to competitors would pose a risk of detriment, which is crucial for the commercial success and efficiency of the enterprise, and which should not be disclosed to the public or to unauthorized persons. This encompasses, but is not limited to, the internal operations of the firm, organizational structure, financial and economic status, credit and cash flow information, operational goals and strategy, raw material source information, technical information and specifications related to manufacturing, pricing practices information, marketing strategy and tactics, the firm's market share, wholesaler and retailer information, customer potential and network information, and all types of contract and protocol information.

What is a Banking Secret?

A banking secret refers to all information and documents known by the managers and personnel of banks, encompassing all types of financial and economic information, credit and cash information, the bank's customer information and customer potential, the bank's lending practices, details on to whom and how much credit has been extended, deposit collection, account balances, bank management principles, all types of banking services and activities, risk positions, all operational information of the bank, and its operational and strategic goals.

What is a Customer Secret?

A customer secret refers to all information and documents pertaining to the operational areas of sole proprietorships, limited liability companies, and joint-stock companies, banks and insurance companies, intermediary institutions, economic enterprises, and all types of self-employed professionals, encompassing their customers' personal and private information, economic and commercial information, financial status information, and information regarding cash and credit status.

What is the Offense of Disclosing Trade Secrets?

The act of disclosing trade secrets is defined as an offense under Article 239 of the Turkish Penal Code. The perpetrator of this offense shall be sentenced to imprisonment for a term of one to three years and a judicial fine of up to five thousand days.

What is the Offense of Disclosing Banking Secrets?

The act of disclosing banking secrets is deemed an offense under both Article 239 of the Turkish Penal Code No. 5237 and Article 159 of the Banking Law No. 5411. This constitutes a concurrence of statutory provisions. The ruling dated 30.11.2015 of the 5th Criminal Chamber of the Court of Cassation, bearing file number 2013/14327 E. and decision number 2015/16810 K., ruled that the decision should be rendered based on Article 159 of the Banking Law, in accordance with the principle of lex specialis. Pursuant to Article 159 of the Banking Law No. 5411, titled 'Disclosure of Secrets,' perpetrators who disclose banking secrets shall be sentenced to imprisonment for a term of one to three years and a judicial fine of one thousand to two thousand days. The same penalties shall apply to third parties who disclose secrets belonging to banks and customers. If these individuals disclose the secrets for their own benefit or for the benefit of others, the penalties imposed shall be increased by one-sixth. Furthermore, depending on the gravity of the act, the responsible parties shall be temporarily or permanently prohibited from holding office in institutions covered by this Law, for a period of no less than two years.

Are Scientific Discoveries and Inventions or Secrets Related to Industrial Application Also Protected?

Scientific discoveries and inventions or secrets related to industrial application are also protected under Article 239 of the Turkish Penal Code. Persons who provide or disclose information and secrets concerning scientific inventions or industrial application to unauthorized persons, as well as persons who unlawfully obtain such information, shall be sentenced to imprisonment for a term of one to three years and a judicial fine of up to five thousand days.

What is the Offense of Disclosing Customer Secrets?

The act of disclosing customer secrets is defined as an offense under Article 239 of the Turkish Penal Code, and the person who discloses customer secrets shall be sentenced to imprisonment for a term of one to three years and a judicial fine of up to five thousand days.

Is the Disclosure of Trade Secrets, Banking Secrets, Customer Secrets, Scientific and Industrial Secrets to Foreigners an Offense?

Pursuant to Article 239/3 of the Turkish Penal Code, if information or documents constituting trade secrets, banking secrets, or customer secrets, as well as technical discoveries and inventions or information related to industrial application, are disclosed to a foreigner not residing in Turkey or to their officials, the imprisonment for a term of one to three years and the judicial fine of up to five thousand days imposed on the perpetrator of the offense shall be increased by one-third. Furthermore, while the offense of disclosing trade secrets, banking secrets, customer secrets, scientific and industrial secrets to Turkish citizens within the country is investigated upon complaint, the disclosure of these secrets to foreigners is an offense to be investigated ex officio.