Manipulation and market fraud crimes regulated in 6362 numbered Capital Market Code
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Abstract (EN)
The Second World War and the global economic crisis required states to intervene in the field of economy. It is aimed to provide protection in this field through legal regulations and penal sanctions. Capital market crimes have become one of the important problems that states deal with in the globalizing world. In this context, especially insider trading and manipulation were the most common crimes. In this context, insider trading and manipulation crimes regulated in the Capital Market Law have been studied in our thesis. Insider trading and manipulation crimes were examined in line with the criminal law systematic. The Supreme Court decisions on the subject have been evaluated under related headings and problematic points have been determined. Our study consists of three parts. The first section contains basic information that is important for better understanding of capital market crimes. In the second part, insider trading crime and in the third part, manipulation crimes are analyzed by adhering to the same systematic. In this context, the material and moral elements of the crime, protected legal value, illegality, attempted crime, participation, muster and sanction are discussed in detail in both sections. On the other hand, with regard to the law of procedure, evaluations were made on issues such as written application, qualified and competent courts, and the problem of proof.
Author
Gizem Dursun Özdemir
Institution
How to Cite
Gizem Dursun Özdemir (Doctorate thesis). Manipulation and market fraud crimes regulated in 6362 numbered Capital Market Code, 2021, Dokuz Eylül University.
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