Turkish Criminal Law No. 5237
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Turkish Criminal Law No. 5237
 

The laundering offence, which has been firstly defined in our legal system with Law No.4208, was rearranged in article 282 of Turkish Penal Code No.5237 headed “Laundering of Assets Acquired from an Offence” entered into force on 1 June 2006. (Amendment by Law No:5918 date:26/06/2009)

According to the article;
 

  • A person who transfers abroad the proceeds obtained from an offence requiring a minimum penalty of six months or more imprisonment, or processes such proceeds in various ways in order to conceal the illicit source of such proceeds or to give the impression that they have been legitimately acquired shall be sentenced to imprisonment from three years up to seven years and a judicial fine up to twenty thousand days..
     
  • A person who, without participating in the commitment of the offence mentioned in paragraph (1), purchases, acquires, possesses or uses the proceeds which is the subject of that offence knowing the nature of the proceeds shall be sentenced to imprisonment from two years up to five years.
     
  • Where this offence is committed by a public officer or professional person in the course of his duty then the penalty to be imposed shall be iincreased one half.
     
  • Where this offence is conducted in the course of the activities of an organization established for the purpose of committing an offence, the penalty to be imposed shall be doubled.
     
  • Where a legal entity is involved in the commission of this offence it shall be subject to security measures.
     
  • In relation to the offences defined in this article, no penalty shall be imposed upon a person who directly enables the securing of financial assets, or who facilitates the securing of such assets, by informing the relevant authorities of the location of such before the commencement of a prosecution.


While the predicate offences which the assets subject to laundering acquired were determined by listing method in the period that the Law No.4208 was in force in our country, the threshold approach is adopted by saying “an offence which carries a minimum penalty of six months imprisonment” in article 282 of Turkish Criminal Law No.5237 which the laundering offence is established. The term “assets acquired from offence” is used instead of the term “dirty money” which was took place in Law No.4208.