Public procurement procedures have consequences not only in terms of administrative or legal processes, but also in terms of criminal liability of the parties. The Turkish Criminal Law first regulates the offense of using fraud or trickery in the tender and the fulfillment of execution under the title of crimes related to economy, industry and commerce.
Pursuant to Article 235 of the Turkish Criminal Law, a person who falsifies tenders for the purchase or sale of goods or services or lease and works tenders on behalf of public institutions or organizations shall be sentenced to imprisonment for three to seven years.
The following are all counted as conditions for committing this type of crime:
• Preventing the persons who have the qualification or conditions to participate in the tender from participating in the tender or the proceedings in the tender process
• Ensuring the participation of the persons who do not have the qualification or conditions to participate in the tender
• Excluding the offered goods from evaluation on the grounds that they do not have the qualifications stated in the specification, even though they do
• Taking the offered goods under evaluation on the grounds that they possess the qualifications stated in the specification, even though they do not
• Allowing others to access the information about the offers that should have remained confidential according to the tender legislation or specifications
• Preventing the persons who have the qualification or conditions to participate in the tender from participating in the tender or the proceedings in the tender process through using force, threatening or committing other unlawful acts
Article 236 of the Turkish Criminal Law regulates fraud or trickery in the fulfillment of execution.
The following are listed as crimes:
• Delivery or acceptance of a good other than the good specified in the tender decision or the contract
• Delivery or acceptance of the goods that are less than the amount specified in the tender decision or the contract
• Acceptance of performance as if it was fulfilled on time even though it was not fulfilled within the time specified in the tender decision or the contract
• Acceptance of work or material used in the works tender despite it not complying with the conditions, quantity or qualifications stated in the specification or contract
• Acceptance of a performance of service despite the fact that it was given incomplete or not given in accordance with the conditions specified in the tender decision or the contract