Under the Turkish Criminal Code crime of laundering of assets acquired from an offence (TCC art. 282)
2022
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Danışman: Dr. Öğr. Üyesi Pınar Bacaksız
Özet (EN)
It is indicated that the history of black money and money laundering is at least as old as the history of money. By virtue of the fact that living in a dynamic era, nowadays, money laundering methods are developing from day to day and new ways are being added. Developments in the field of informatics both make our lives easier as well as bring new challenges to our lives. Money laundering not only has national consequences, but also impacts more than one area of the international order adversely. Individual criminals or organized crime groups are in need of laundering their ill-gotten gains obtained illegally. Our study named "Crime of Laundering of Assets Resulting from Crime in Turkish Penal Code (Art. 282)" consists of three parts. In our study, before examining the type of crime, general concepts, the history of black money, the stages of money laundering and the methods used in practice, the effects of black money as well as the underground economy on the economic order, the relation between black money and organized crime are elaborated at first. In the second part, the type of crime is evaluated in detail. Although the type of crime is regulated under the title of "Crimes Against the Justice" in the Second Book, Fourth Part, Second Chapter of the Turkish Penal Code No. 5237, it could be expressed that this crime is an "Economic Crime" in terms of its qualification. For this reason, our study is also interpreted from the economic crime and punishment point of views. Another remarkable feature of the crime type is the need for the presence of another antecedent (precursor, ground) crime in order for the offense of laundering the assets arising from the crime to come into existence. The view of the predicate offense condition in practice is assessed together with the decisions of the supreme court as well as the remarks in the doctrine, and suggestions regarding the type of crime are included. In the last part of our study, the reasons for the fight against money laundering, national and international regulations in the fight against money laundering, and international organizations fighting against this crime are examined.
Yazar
Dr. Emre Demiryürek
Bu Yayına Nasıl Atıf Yapılır
Emre Demiryürek (Master Thesis). Under the Turkish Criminal Code crime of laundering of assets acquired from an offence (TCC art. 282), 2022, Dokuz Eylül University.
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