The new Turkish Commercial Code no. 6102, which will replace the Turkish Commercial Code no. has created a new order for capital companies. As a natural consequence of this, in order to ensure the healthy transfer of this new order to life, crimes and punishments related to this order have been created. These offenses and penalties are regulated in Article 562 of the Law, with reference to the relevant articles in determining the elements of the offense.
Article 562, which regulates crimes and penalties, and Article 563, which regulates the investigation and prosecution of these offenses, is included in Chapter 2 of the Code, Trade Companies, Chapter 2, at the end of Chapter 4. However, some of the elephants that are subject to sanctions are related to limited partnership companies, whose capital is divided into shares, and limited to those issued in Section 6. For this reason, it would be more correct for me to include articles 562 and 563 in Chapter 7 as a separate section at the end of Section 6 or after the section regulating limited companies. As a matter of fact, the sanctions of the contradiction were determined in the last section / section after the acts or obligations imposed on the sanctions in all laws. In the new TCC, some acts have been the exact opposite. For example, the sanctions related to the obligation of the web page are regulated in Article 562, while the obligations related to the web page are contained in article 1524 of the Law.
Article 563 of the Law stipulates that investigations and prosecutions of crimes listed in Article 562 will be carried out ex officio and it is emphasized that the follow-up of these crimes is not related to the complaint.
On the other hand, in cases where these elephants listed in Article 562 are subject to more severe penalties in other laws, severe penalties in other laws shall be applied and the penal clause stipulated in TCC shall not be applied (art. 562/13). However, the fact that mama not creating a web page, not specific part of the existing web page to information society services or not putting the necessary information on the web page düzenlen which is regulated in 562/12 is excluded from this rule. The reason for this is absent. In our opinion, this situation; either because the new issue of the obligations of these elephants and the new inclusion of the offense cannot be regulated in other laws, or because the necessary care was not taken during the reorganization of the clause numbers in the Justice Commission.
It is also not in my opinion that the new Turkish Commercial Code regulates some elephants as criminal offenses and forensic sanctions (fines and / or imprisonment). Because this arrangement; it will require criminal proceedings against traffickers, company executives and representatives, and the penalties given will be recorded in criminal records against them. For this reason, many of these elephants, in accordance with the widespread view that the criminal law cez should also be punishable by economic crime d is the most important of these elephants, art. As in 33/2, it would be more appropriate for me to arrange it as a kab commercial misdemeanor ”.
Article 562 of the New Turkish Commercial Code sets out the offense and the penalty for these elephants is given in the table below (Table-I). However, elephants are given as the essence of the clause or clause in which the material element of the crime is regulated. Therefore, it is useful to look at the article referred to in the table.
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