In accordance with Article 19/A of the 5549 SK, the objection to the 7-day provisional accounting measure implemented with the authority of the MASAK Presidency must be initiated within the first 24 hours of the period. Below, we share the legal nature of the interim measure, the application folder, the bank correspondence plan and the backbone of the appeal petition to the criminal judgeship of peace.
Legal nature of the 7-day measure
Article 19/A of Law No. 5549 on the Prevention of Laundering of Proceeds of Crime - gives MASAK Presidency the authority to suspend for a limited period of time following regular activity and suspicious transaction reports (STR). The measure is of an administrative nature; The duration is 7 business days and can be extended in seven-day periods with the approval of the criminal judgeship of peace. During this time:
- All movements in/out of the account are stopped.
- The bank does not provide information to the account holder (principle of secrecy); but it tells you that it cannot take action.
- Administrative decision is not dependent on notification; The 5-day objection period begins as soon as the measure is learned (IYUK parallel application).
Backbone of the objection file
The core to be presented in the petition:
Does the bank have to share the MASAK decision?
No. Article 6 of the 5549 Turkish Code of Commerce prohibits bank employees from sharing report content and information that may be used as a basis for decisions. However, written rejection or precautionary measures information is shared; This information is critical during the appeal process.
Where to apply to the Criminal Judgeship of Peace?
The criminal judgeship of peace of the account holder's residence is authorized. In the case of Istanbul, Çağlayan Courthouse is on duty, and in the case of Konya, Konya 1st Criminal Court of Peace. The petition is submitted without a file number (since the measure is an administrative decision); The judgeship opens a new principle through UYAP.
Winning tactic
The first paragraph of the objection petition is decisive in the court reading. We recommend the following pattern:
"Account no. ___ belonging to client ___ was blocked by MASAK Presidency on ___ within the scope of 5549/article 19. The transaction (___) underlying the measure is the commercial transfer arising from the client's invoice no. __ dated __; the doubt is eliminated with the attached source documents. Our request is to remove the measure."
Adding a middle way recommendation (partial release) that will give the judge discretion increases the likelihood of acceptance.
What if the objection is rejected?
It is possible to appeal the rejection decision of the peace penalty to another criminal judgeship of peace with the same title within 7 days (parallel application of the CMK). If the rejection becomes final, a lawsuit for annulment and financial compensation (for unfair measures) can be filed in parallel with the administrative court.
Can the account be used if the money is returned to the account?
The blockage is lifted, but the bank's internal risk score is preserved; The account is typically kept under increased monitoring for 3-6 months. If a new transfer appears in the same pattern, the 7-day measure can be automatically triggered. A risk mitigation plan is a must.
Does the administrative fine process run separately?
Yes. 5549 SK Article 13 administrative fine and TCK Article 282 crime of money laundering are evaluated together. Even if the measure is lifted, notification deficiencies remain as separate files.
Relevant legislation
- Law No. 5549 on the Prevention of Laundering Proceeds of Crime Article 19 — 7-day temporary measure in suspicious transactions.
- 5549 SK article 13 — Administrative fines (obliged person, manager, employee).
- Turkish Penal Code art.282 — Laundering of proceeds of crime (3-7 years + judicial money).
- CMK article 128 — Confiscation of goods and rights; peace penalty approval.
- 5549 SK Implementation Regulation — Suspicious transaction reporting (STR), regular activity reporting.