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Organized Crime and Remorse Discount within the Scope of Turkish Penal Code Article 220 and Article 221. This guide has been updated as of 2026, based on the Turkish Penal Code and the established jurisprudence of the Supreme Court.
Summary Establishing an organization for the purpose of committing a crime is an independent crime regulated in Article 220 of the Turkish Penal Code and punishable even if the intended crimes have not yet been committed. In order for a structure to be considered an organization, the conditions of at least three people, hierarchical ties, continuity and purposeful tools and equipment must be met. Establishing an organization is punishable by 4-8 years in prison, and being a member is punishable by 2-4 years in prison. On the other hand, Article 221 of the Turkish Penal Code allows perpetrators who sincerely cooperate with impunity or a serious reduction, depending on the position of the organization.
Why Does a Structure Cause Punishment Even Without a Crime Being Committed? The most common misconception regarding organized crime is the idea that "no crime has been committed yet, so there will be no punishment." However, the Turkish Penal Code sees establishing an organization as a danger in itself and punishes the founder, leader and member of the organization even if the intended crimes are not committed. This situation creates a critical information gap for both those who are involved in the process as suspects and those who are considering leaving the organization.
In this guide, the founding elements of a criminal organization, the penalty rates according to the characteristics of the perpetrators, its difference from a terrorist organization, and the opportunities provided by effective remorse provisions are discussed.
What is the Crime of Establishing an Organization for the Purpose of Committing a Crime? Article 220 of the Turkish Penal Code takes public peace as a protected legal value. The legislator punishes the establishment of a convenient structure for this purpose, regardless of the crimes that the perpetrators ultimately aim to commit. In this respect, the crime is an abstract danger crime that punishes not the occurrence of a concrete harm, but the possibility of it occurring. Once an organization that has the elements required by the law is established, those who establish, manage and join the organization are held responsible, even if the intended crimes (e.g. drug dealing, plunder or fraud) have not yet been committed.
Conditions for a Structure to Be Considered an Organization In line with the Doctrine and the decisions of the Supreme Court of Appeals Criminal General Assembly, the following four elements must occur together in order for an ordinary association or participation relationship to be considered a criminal organization.
At least three people: The presence of at least three real persons, including founders, managers and members, is required. The coming together of two people does not constitute an organization in the sense of criminal law. Hierarchical bond: There should be a subordinate-superior or command-command relationship, even if loose, among the members.
Structures that do not contain hierarchy and consist of horizontal cooperation are not considered organizations. Continuity and uncertainty: It is a participation relationship when people come together only to commit a single concrete crime and disperse. In order to be able to talk about an organization, the structure must be continuous and established around the aim of committing an indefinite number of crimes that have not yet been concreted.
Suitability of tools and equipment: The number of members of the structure, its logistics facilities and its equipment must be concretely suitable for committing the intended crimes. The main difference between participation and organization is that in participation, perpetrators come together to commit a specific crime and the association ends with the execution of the crime. In the organization, complicity does not depend on a concrete act; It is temporally uninterrupted and has an independent existence.
If the organization is armed, Art. 220/3 The above penalties are increased by half. Committing a crime on behalf of the organization (without being a member). Art. 220/6. Punishment is given separately for the crime committed and membership. Knowingly aiding the organization, Art. 220/7. It is punished as if it were membership, a discount is applied depending on the nature of the aid.
Making propaganda for an organization, Article 220/8, 1-3 years imprisonment (increases if committed through the press). In accordance with the rule of real assembly valid in our criminal law, the penalties imposed for the crimes of establishing, managing or being a member of an organization are independent of the penalties for other purpose crimes committed within the framework of organizational activities (such as plunder, drug production, qualified fraud). Perpetrators are punished separately for both organizational crime and each crime they commit. In addition, in accordance with the fifth paragraph of Article 220 of the Turkish Penal Code, organization leaders are held responsible as perpetrators for all crimes committed within the framework of organization activities, even if they have not personally participated in the enforcement actions.
The Difference Between a Criminal Organization and a Terrorist Organization The most confused issue in practice is the distinction between a common criminal organization (Turkish Penal Code Art. 220) and a terrorist organization (Art. 314). Classic criminal organizations are generally established to gain unfair economic gain or regional influence. Terrorist organizations, on the other hand, act with the aim of changing the constitutional order of the state or disrupting the integrity of the country for political, ideological or religious-based purposes. The basic penalty for membership in a terrorist organization is 5-10 years of imprisonment, and these penalties are increased by half in accordance with Article 5 of the Anti-Terrorism Law. In terrorist crimes, detention periods, detention limits and confidentiality orders are applied much more strictly than in ordinary criminal organizations.
Active Regret: Why Does the Punishment System Promise "Rewards"? Effective repentance is a reason for impunity or reduction applied after the crime is completed, if the perpetrator shows remorse and takes steps to limit the negative consequences of the crime. The state promises a legal response in exchange for sincere cooperation in order to collapse the structure from within in the fight against organized crime. Article 221 of the Turkish Penal Code regulates four different possibilities depending on the position of the perpetrator.
Spontaneous Dissolution for Founders and Managers If the person who founded or manages the organization personally disbands the organization before the intended crimes begin to be committed or ensures its dissolution with the information he provides, he will not be punished for the crime of organization.
Voluntary Leaving Before Being Caught If a member of the organization informs the competent authorities that he left the organization of his own free will and regrets it, without participating in the commission of any crime, he will not be penalized for membership.
Contribution to the Dissolution of the Organization After Being Caught: A member of an organization who has not been involved in any crime will not be punished if, after being caught, he feels remorse and gives concrete information that is conducive to the dissolution of the organization or the capture of other members.
Providing Information About Crimes Committed Whether or not the perpetrator has committed a crime within the scope of the organization; If he surrenders himself and gives information about the structure of the organization and the crimes committed before he is caught, he will not be punished. If he gives candid information after being caught, the penalty for establishing, managing or being a member of an organization will be reduced from one third to three quarters.
Procedural Rules of Effective Repentance According to the established decisions of the Supreme Court of Appeals, abstract, universally known expressions are not sufficient for the defendant to benefit from effective remorse. The information given must be concrete enough to reveal the code names of other members, their real identities, meeting places or secret actions in the past, and convenient enough to change the course of the investigation.
There is no limit in the law that effective expression of remorse can only be made at the law enforcement or prosecutor's office level. The perpetrator may request the implementation of effective remorse provisions by making sincere confessions during the first instance court process, even at the appeal or appeal stage after the conviction, until the verdict is finalized.
Persons whose sentences are revoked or reduced by taking advantage of effective repentance provisions are not fully released. In accordance with the law, probation measures are imposed on these people for 1 year from the date of release; The court may extend this period up to 3 years depending on the situation of the perpetrator.
Case Summary: A group of five people regularly organized for the purpose of fraud in different provinces; He distributed tasks among them and obtained fake IDs and bank accounts. One person from the group regretted it before any fraudulent activity took place and contacted the police and gave detailed information about the group's structure, members and plans.
Legal Assessment The structure is considered a criminal organization within the scope of Article 220 of the Turkish Penal Code in terms of the number of members, hierarchical distribution of duties, continuity and tools suitable for the purpose (fake identity, accounts). However, the person who provides information will not be penalized for membership in accordance with the second paragraph of Article 221 of the Turkish Penal Code, since he/she spontaneously applied to the competent authorities before the intended crimes were committed and the information he provided enabled the dissolution of the organization. Other members are tried within the framework of the provisions of establishing an organization or membership, depending on their status.
Can I benefit from effective repentance if I do not notify anyone that I am leaving the organization? No. In order to benefit from the provisions of effective remorse, the intention to leave must be notified to the competent authorities (law enforcement or prosecutor's office). Walking away quietly has no legal consequences.
What happens if the information I give doesn't work after I'm caught? The information provided must be concrete and verifiable enough to advance the investigation. General expressions that can be found even with an internet search are not considered sufficient for effective regret and no discount is applied.
Giving an unprepared statement: Statements given without obtaining legal advice and without calculating the dosage and timing may lead to both the loss of the right to effective remorse and the opening of new criminal files against him.
Overlooking the distinction between participation and organization: Trying to describe people who come together for a single crime as an organization or vice versa causes the defense to be established on the wrong legal basis.
Conclusion Charges of establishing, managing or being a member of a criminal organization are technical processes that fall within the jurisdiction of high criminal courts and carry the risk of long-term imprisonment. The legal nature of digital evidence, the evaluation of claims regarding the existence of a hierarchical bond, and when and how an effective declaration of regret will be made directly determine the outcome of the process.
Important Legal Notice: The legal explanations and sample scenarios in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each case may change the outcome, it is recommended to seek legal support from a criminal lawyer from the first stage of the process. © 2026 Küheylan Law Firm. All rights reserved.
Author: Av. Mert Deniz Küheylan Küheylan Law Firm — Burhaniye Mh. Neşetbey Sk. No:12/5 Floor:5 Flat:3 Üsküdar/İstanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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