In short
Founding or leading a criminal organisation carries four to eight years’ imprisonment; membership carries two to four years. For an organisation to exist there must be at least three people joined in a continuing hierarchical structure formed to commit an indeterminate number of offences.
What must be shown for a criminal organisation to exist?
Article 220 of the Turkish Penal Code makes founding or leading an organisation for the purpose of committing offences a distinct offence in itself. The organisation must have at least three members and must possess a structure and means suitable for committing the intended offences.
In the settled case law of the Court of Cassation two further requirements apply: the association must show continuity, and there must be a hierarchical bond between the members, however loose. People who come together temporarily to commit a particular offence are dealt with under the rules on participation rather than as an organisation.
This boundary matters for the defence. Where an organisation is found to exist, a separate sentence is imposed for that offence and the sentences for offences committed within its activity are increased. Whether each element has been established by concrete evidence is therefore the first line of enquiry.
Elements required for an organisation
- At least three persons
- Association around the purpose of committing indeterminate offences
- A hierarchical bond between the members
- Continuity of the association
- A structure and means suitable for the intended offences
- An organisational will distinct from the will of individual members
| Position | Provision | Sentence |
|---|---|---|
| Founding or leading an organisation | Art. 220/1 | Four to eight years |
| Membership | Art. 220/2 | Two to four years |
| Armed organisation | Art. 220/3 | Increased by one quarter to one half |
| Offences committed within the organisation’s activity | Art. 220/4 | Separate sentence for that offence as well |
| Knowing assistance without belonging to the hierarchy | Art. 220/7 | Sentenced as a member |
| Propaganda for the organisation | Art. 220/8 | Fixed-term imprisonment |
Where is the line between membership and assistance?
Membership means being part of the organisation’s hierarchical structure and acting under its will. The law further provides that a person who knowingly and willingly assists an organisation without belonging to that hierarchy is sentenced as a member.
In the settled case law of the Court of Cassation, membership is not established by a single act but by conduct showing continuity, variety and intensity. A one-off act that does not create an organic link with the organisation is not sufficient; in that case the rules on assistance, or participation in the substantive offence, are applied instead.
For the defence these criteria are concrete: the number of acts said to link the person to the organisation, the intervals between them, whether they served its purpose, and whether the person acted with knowledge of its structure. Social connection, kinship or a commercial contact does not by itself amount to an organic link.
What evidence is used in organised crime cases?
These files rest on special investigative measures: interception of communications, technical surveillance and the deployment of undercover investigators. Such measures are available only for the offences listed in the code, on a judicial order, and only where evidence cannot be obtained by other means.
The lawfulness of those orders determines the fate of the case. The points examined are which offence and which person the order concerned, whether it was extended, whether incidentally obtained evidence was handled properly, and whether the recordings were transferred to the file in full.
As to content, conclusions drawn by interpreting guarded expressions are not treated as sufficient on their own. In the settled case law of the Court of Cassation such recordings cannot found a conviction unless corroborated by physical evidence.
Points to be checked in special investigative measures
- Whether the order concerned an offence within the statutory list
- The duration of the order and the reasons given for any extension
- Voice analysis confirming the identity of the speakers
- Whether the transcripts were transferred to the file in full
- Proper handling of incidentally obtained evidence
- That the undercover investigator did not incite the offence
- That surveillance footage is complete and uninterrupted
How does effective remorse apply?
The law provides a broad effective remorse regime for organisation offences. A founder, leader or member who surrenders before any offence has been committed within the organisation’s activity, giving information sufficient to enable it to be dissolved, is not sentenced.
Even where offences have been committed, a person who shows remorse after arrest and provides information about the structure and activity of the organisation receives a reduction, its extent depending on their position and on whether the information produced a concrete result.
A separate effective remorse regime applies to cases under the Anti-Terror Law. Which regime governs depends on the offence charged and cannot be stated without examining the file.
Frequently asked questions
What is the sentence for founding a criminal organisation?
Founding or leading an organisation carries four to eight years’ imprisonment and membership two to four years. Where the organisation is armed, the sentence is increased by between one quarter and one half.
How many people are needed for a criminal organisation?
The law requires at least three. Numbers alone are not enough: the association must show continuity, there must be a hierarchical bond between the members, and it must be formed around the purpose of committing an indeterminate number of offences.
Is a single act enough for membership?
As a rule no. In the case law, membership is established by conduct showing continuity, variety and intensity. A single act that creates no organic link with the organisation is dealt with under the rules on assistance or participation.
How is a person who assists an organisation sentenced?
A person who knowingly and willingly assists an organisation without belonging to its hierarchy is sentenced as a member. Depending on the nature of the assistance, a reduction may be applied.
Can interception recordings alone found a conviction?
The recordings must rest on a lawful judicial order and be transferred to the file in full. As to content, conclusions drawn from guarded expressions cannot found a conviction unless corroborated by physical evidence.
Relevant legislation
- Turkish Penal Code No. 5237 (arts. 220, 221, 314, 315)
- Criminal Procedure Code No. 5271 (arts. 91, 135, 139, 140, 250)
- Anti-Terror Law No. 3713
- Law No. 5235 (art. 12 — jurisdiction of the assize courts)
Legal notice
The information on this page is general in nature and is provided for informational purposes only. It does not constitute legal advice and cannot replace an assessment of your specific circumstances. Legislation and case law may change over time.
This page was prepared by Erol Deli, Attorney at Law. · Last updated: August 21, 2026
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