Definition
(1) (Amended on 11/4/2013 - By Article 12 of the Law no. 6459) Any person who acts
fraudulently on behalf of a public institution or corporation, in the course of a tender that
relates to construction, rent, purchase or sale of goods or services, shall be sentenced
to a penalty of imprisonment for a term of three to seven years.
(2) The following acts are presumed to constitute a fraudulent tender:
a) By engaging in deception and:-
1. Preventing a person from participating in the process of the tender or
the tender itself, who is capable of participation in such or who has
met the criteria for such;
2. Securing the participation of a person in the tender who lacks the
capability to participate in such or who fails to meet the criteria
required for such;
3. Eliminating from consideration such offered goods which conform to
the tender specifications by stating that such goods do not so
conform;
4. Placing, in the evaluation, goods which do not conform to the tender
specifications by stating that such goods do so conform;
b) Enabling the access of another to information which relates to any offers, which
is to be kept confidential according to Tender Law or the tender specifications.
c) Prevention of a person, who is capable of participating in a tender or having met
the criteria for such, from participating in the process of tender or the tender
itself , by the use of force, threats, or any other acts contrary to law.
d) Concluding an open, or secret, agreement with others, in order to influence the
conditions of a tender, particularly the price, for those who are willing to
participate in the tender or those who have already participated in the tender.
(3) (Amended on 11/4/2013 - By Article 12 of the Law no. 6459) Where the offence of
fraud during a tender is committed
a) by use of force and threat, minimum limit of the main punishment cannot be less than
five years. However, if there occurs aggravated circumstances of the offence of
intentional wounding or threat which require more severe punishment, an additional
punishment shall be imposed on account of these offences.
b) does not lead to any damage to the relevant public institution or organization, the
offender shall be sentenced to imprisonment for a term of one year to three years
except for situations set out in subparagraph (a) of this paragraph.
(4) Any person under an official duty who gains a benefit through his involvement in fraud
during a tender shall be additionally sentenced according to the relevant offences.
(5) The provisions of the aforementioned paragraphs shall also be applicable where a
public institution, or corporation, acts as an intermediary during a competitive tender or
where a person acts fraudulently during the process of tender in respect of rent,
purchase or sale of goods or services while acting on behalf of: a professional institution
(presumed in law to be public institution); a company (incorporated by the
aforementioned professional institution, or a public institution or a public corporation or a
foundation operating within the framework of such institutions or corporation); or an
association acting in the public interest; or a co-operative.