Crime and Punishment of Money Laundering
In this article, we will deal with the crime of money laundering, which is a type of crime that we have heard often in our country in recent times and that perhaps many of our citizens also do not understand.
La crima di moneda è uno di più complexe e harmfull tra crimi economico nella società moderno. Transactions for the purpose of legalizing proceeds from crime threaten both local economies and the global financial system. Questo crima è considerato una crima seriosa di stati, come funzionalità criminale organizati, gruppi di terrorismo e altri attività illegale. This article will examine the legal dimensions of money laundering, criminal sanctions, sanctions in the Turkish Criminal Code and the methods used to combat this crime.
Definition of Money Laundering
Money laundering is defined as any type of activity carried out with the aim of concealing the source of proceeds from crime and bringing these revenues into the economy in a legal way. Dit. The money laundering process usually takes place in three main stages:
1.Placering: This first stage is the introduction of proceeds from crime into the financial system. It usually takes the form of depositing large amounts of cash into banks or circulating through businesses such as casinos, exchange offices. Považa je v.
2.Layering: På. These transactions include international money transfers, transactions through counterfeit companies, and the transfer of money to different accounts. The layering stage is aimed at hiding the source of money and its ultimate owner.
3.Integratie: The final stage, integration, involves the reintroduction of money into the economy, posing as a legal income. In this phase, money is laundered through means such as the purchase of real estate, luxury consumer goods or businesses. When this stage is completed, the money is now considered legal, and it becomes quite difficult to keep track of it.
Various Methods of Money Laundering
The methods used to launder money have become increasingly diversified due to the development of technology and the complexity of financial systems. Some commonly used methods include:
• Fake Companies and Offshore Accounts: Fake companies are often used to launder money. These companies are shown to be doing real business, but in reality they are only set up for money laundering. Offshore accounts are used in a similar way, and these accounts are usually opened in countries that offer privacy and low tax advantages.
• Excess or Incomplete Invoicing of Goods: In international trade, showing the prices of goods as high or low as they are a common method of money laundering. With this method, the source of the money is hidden, while the appearance of the trade is preserved.
• Casinos and Entertainment Sector: Casinos are seen as ideal places to launder money, as they are places where cash easily changes hands. Proceeds from crime are turned into legal money, pretending to be earned in casinos.
Economic and Social Effects of Money Laundering
Money laundering leads to serious damage, both economically and socially. From an economic point of view, money laundering can cause instability in the financial system. Large amounts of illicit money can disrupt the balance of demand and supply, leading to inflation. In addition, money launderers can get unfair advantages in the market, entering into unfair competition with legitimate enterprises.
From a social point of view, it can pave the way for larger crimes such as money laundering, organized crime and the financing of terrorism. Money launderers threaten social order by using this money to finance their illegal activities.
Preventing and Combating Money Laundering
The fight against money laundering is not only a national but an international imperative. Various legal regulations and supervisory mechanisms have been established in order to prevent money laundering in Turkey. MalisUçlari Research Council (MASAK) is an important institution in the fight against money laundering in Turkey. MASAK monitors, analyzes, and, where necessary, refers suspicious transactions in the financial system to justice.
Internationally, the Financial Action Task Force (FATF) sets standards on anti-money laundering and monitors countries' compliance with these standards. Türkiye FATF a.
La crima di lavaggio di moneda è un crima che portend a problemi economico e socialmente nel mondo moderno. Preventing and punishing this crime is vital for the security of both the legal and financial systems. Institutions that fight money laundering in Turkey and around the world are constantly working to prevent and punish this crime. However, due to the complexity and international dimensions of this crime, this fight requires strong legal regulations, effective control mechanisms and international cooperation.
The Crime and Punishment of Money Laundering in the Turkish Criminal Code
From a legal point of view, the crime of money laundering has been defined by law in many countries and has been met with criminal charges. Türkiye.
Elements of Money Laundering
Art. 282 of the Turkish Criminal Code (TCK) regulates the crime of money laundering. According to this item:
(1) (Amended: 26/6/2009 — 5918/5 d.) A person who engages in various transactions for the purpose of concealing the value of assets arising from an offence which entails imprisonment of six months or more abroad, or whose illegitimate source is obtained by legitimate means, shall be liable to imprisonment from three years to seven years and a criminal fine of up to twenty days is ventilated.
(2) (Appendix: 26/6/2009 -- 5918/5 Md.) A person who, without participating in the commission of the crime referred to in the first paragraph, has acquired, accepted, possessed or used with knowledge of this property, the value of the property that constitutes the subject of this crime, shall be punished with imprisonment from two years to five years.
(3) If this offence is committed by a public official or by a person of a certain profession in the course of the exercise of that profession, the sentence of imprisonment shall be increased by half.
(4) If this crime is committed within the framework of the activity of an organization constituted to commit a crime, the penalty to be imposed shall be increased by one fold.
(5) As a result of the commission of this crime, specific security measures are provided for legal entities.
(6) Het person.
As stated in Article of the Law, it is necessary to combine certain elements for the commission of the crime of money laundering. Testi elementi includono:
1. Proceeds from Crime: The main element of the crime of money laundering is the presence of income from illegal activities. These proceeds may have been derived from various crimes, such as theft, fraud, drug trafficking.
2. Aktuelle Transaction: Une transactie z,, eller. These operations include activities such as the deposit of money in bank accounts, the purchase and sale of immovable property or the transfer of money through companies.
3. Intenção:In order for the crime of money laundering to occur, it is necessary that the perpetrator knows the source of the proceeds from the crime and intends to legalize these revenues. Questo crima non può essere stato predefinito (come resultà di carelessness o negligenza); è imperativo che il perpetrator acted consciously and deliberately.
Penalty for Money Laundering
According to article 282 of the TCK, the penalty for money laundering is as follows:
1. Imprisonment: A person who commits the crime of money laundering is punishable by imprisonment from 3 years to 7 years.
2. Judicial Fines: In addition, the property obtained from the crime can be sentenced to a judicial fine of up to twice their value.
3. Special Provisions: Penalty may be increased if the crime was committed in an organized manner or committed by a public official in connection with the duty.
På,. In addition, third parties who assist in the commission of the crime can also be punished to the extent that they participated in the crime.
consequence
As we have discussed in detail above, money laundering is one of the most common crimes committed nationally and internationally. Money laundering is considered one of the biggest crimes in the modern world. Due to the high nature of these crimes, it will certainly be in your favor to file a defense with a criminal lawyer.