TCK Article 220: A person who establishes or manages an organization for the purpose of committing a crime, 2-6 years imprisonment, if the organization is suitable for committing the purpose crimes in terms of its structure, number of members and tools and equipment.
Elements of the Organization
- At least 3 people
- Hierarchical structure
- Continuity
- Division of labor
- Purpose of committing punishable crimes
Crime Types
- Establishing/managing an organization: 2-6 years
- Being a member of the organization: 1-3 year
- Committing a crime on behalf of an organization: is also punished
- Knowingly aiding the organization: is punished as a member
Effective Regret (TCK art. 221)
The person who gives notice while the organization is being established or during its activities and leaves without harming it is not punished.
Supreme Court of Appeals. CGK
CGK adopts that in the evaluation of organizational crimes, "the organizational structure must be concretely demonstrated" and the elements of hierarchy and continuity must be proven with "conclusive evidence". Merely multiple people committing a crime together is not an organization.
Court in Charge
High Criminal Court (if there are crimes that require a special high criminal court).
Criminal defense counsel support is recommended.