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Precautionary Measures in Claims and Rights: Who Holds the Power?
In a significant development, it has been clarified that precautionary measures on claims and rights belong to the Peace Court Magistrate during the preliminary investigation and to the court during the trial.
Article 10 of the Law
According to Article 10 of the Law, requests for precautionary measures are concluded immediately following an evaluation of documents, 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
Controlled delivery, a crucial tool in combating organized smuggling activities, can only be applied under specific conditions:
- Existence of a very seriously organized smuggling activity that falls within the scope of controlled delivery
- Absence of other means to expose organizers, capital owners and members of the organization and to find out all the evidence pertaining to them
- Securing the supervision of the smuggled goods or funds till they reach their final destination without any interruption
- Existence of a required period of time for controlled delivery
- Additional conditions apply when goods and funds are prepared in Turkey for smuggling abroad or transportation through Turkey
Decision and Procedures for Controlled Delivery
The Chief Public Prosecutor of the State Security Court of Ankara is authorized to decide on controlled delivery operations, provided that the necessary conditions are met. The operation may be terminated immediately if follow-up and surveillance operations are in danger or if there is a possibility of loss of evidence or escape of the accused.
Violation of Obligations
The law also outlines severe penalties for individuals who violate their obligations to:
- Report suspicious transactions
- Maintain customer identification records
- Cooperate with investigations
These penalties include fines and imprisonment.
Regulations and Additional Payments
Regulations will be issued by the Council of Ministers to implement the provisions of this law. Additionally, specific personnel employed in the Financial Crimes Investigation Board will receive monthly additional payments for their work in preventing money laundering.