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Court Orders Crucial Precautionary Measures to Protect Claims and Rights
The Peace Court Magistrate has been granted the authority to issue precautionary measures on behalf of the court to ensure that claims and rights are protected during the preliminary investigation and trial.
Conditions for Precautionary Measures
According to Article 10 of the law, requests for precautionary measures must be concluded immediately after evaluating documents and at the latest within 24 hours. Public Prosecutors may also decide to freeze claims and rights in cases where it is necessary to avoid delay. The Peace Court Magistrate decides whether to approve or reject the decision, with a maximum timeframe of 24 hours.
Conditions for Controlled Delivery
The law has outlined specific conditions that must be met before controlled delivery can be applied:
- Existence of a very seriously organized smuggling activity
- Absence of other means to expose organizers and find evidence
- Securing the supervision of smuggled goods or funds until they reach their final destination
- Existence of a required period of time for controlled delivery
- Additional conditions for goods and funds prepared in Turkey for smuggling abroad
Decision and Procedures
The Chief Public Prosecutor of the State Security Court of Ankara is authorized to decide on the implementation of controlled delivery, provided that the conditions outlined above are met. The jurisdictional power with respect to controlled delivery belongs to the court where the operation terminates.
Violations of Obligations
Anyone who discloses information that must be kept secret or fails to furnish requested documents may face imprisonment for up to three years. Similarly, anyone who refrains from furnishing information or keeps records on customer identification for less than five years may also face imprisonment and a fine.
Jurisdiction
Requests concerning money laundering offenses are taken up and decided within the framework of Law No. 3005. The laws annulled include Criminal Procedure Law No.1412, Law No.466, and others.
Miscellaneous Provisions
The law provides for additional payments to be made to certain personnel employed in the Financial Crimes Investigation Board with regard to prevention of money laundering. Regulations will be issued by the Council of Ministers within six months following the date of promulgation of this Law.