TCK Article 257: "Except for the cases separately defined as crimes in the law, the public officer who causes victimization of persons or harm to the public or provides unfair gain to persons by acting contrary to the requirements of his duty Jail from 6 months to 2 years."
Elements of the Crime
- The title of a public servant
- Act contrary to the requirements of the duty
- Persons grievance or public harm
- Deliberate
Neglect of Duty etc. Abuse of Duty
- Neglect of duty: Failure to perform duty (Art.257/2 — lighter: 3 months-1 year)
- Abuse of duty: Wrong/arbitrary performance of duty
Common Scenarios
- Unfair license given by municipal official
- Unfair punishment by traffic police
- The administrative authority takes a biased action
- The registry officer delays the action
Complaint
It is prosecuted ex officio. A criminal complaint is made to the public prosecutor's office.
Supreme Court 5th CD
5. CD accepts that a concrete "victimization or public harm" condition is required for abuse of office and that mere breach of duty will not be sufficient.