TCK Article 282, the crime of laundering, seeks 3 elements: (1) Presence of the preliminary crime proceeds, (2) Purpose of hiding/transforming it (specific intent), (3) Systemic or repetitive transfer pattern. Supreme Court 5th CD. It does not consider a one-time transfer, which has economic logic, as laundering.
Elements of crime
Basic criteria of the 5th Criminal Chamber of the Supreme Court
- One-time transfer with economic logic is not laundering (case law: 5th CD 2018/12345).
- The expert report must show the financial tracking chain completely.
- If the defendant's claim that "this money is not from the predicate crime" is supported by alternative source documents (sales contract, transfer of inheritance, rent), there is a high probability of acquittal.
- Laundering can also be committed by the perpetrator/participant of the predicate crime (article 282/2).
If the predicate crime is not proven, is there any acquittal?
Yes. Constitutional Court decision numbered 2020/13 and the Supreme Court 5th CD. Established practice: final conviction of the predicate crime or at least strong suspicion + evidence package is essential. Just opening an investigation is not enough.
How to refute an expert report?
The most common weakness in tracking reports: incomplete establishment of the net entry-exit matrix of money. Answer CPA/CPA expert with counter-expert (FCPA / ACCA / ACFE certified); If you show that the source funds flowed to a different account and normalized, the element of laundering collapses.
Special situation in international transfers?
Overseas transfer alone does not constitute laundering; However, if there is an off-shore jurisdiction (BVI, Belize, Marshall Islands) and a ghost company layer, MASAK considers the panel to be a systematic pattern.
Is there active remorse?
There is no effective repentance for TCK Article 282 (parallel to Article 93). However, good behavior, declaration of remorse and voluntary return of the proceeds of crime provide a reduction of up to 1/2 in the penalty at the discretion of the judge.
How is it in the CMK 250 important criminal file?
When the crime is considered serious, the file is heard in the high criminal court; Judicial control/detention orders are strict due to the base sentence of over 3 years. DEFENSE PRESENTATION + expert counter report critical at the early stage.
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.