Turkey Takes Precautionary Measures on Claims and Rights
In an effort to strengthen its anti-money laundering efforts, Turkey has introduced new precautionary measures on claims and rights during the preliminary investigation and trial phases.
New Regulations
According to the new regulations, requests for precautionary measures are concluded immediately after an evaluation of documents, with a maximum timeframe of 24 hours. Public Prosecutors may also decide to freeze claims and rights in cases where it is necessary to avoid delay.
Peace Court Magistrate’s Role
The Peace Court Magistrate plays a crucial role in these proceedings, as they must approve or reject the Public Prosecutor’s decision within 24 hours. If the decision is rejected, it becomes void.
Controlled Delivery Conditions
In addition to these measures, Turkey has outlined specific conditions for applying controlled delivery, a technique used to prevent and combat organized crime.
Six Key Conditions
Article 10 of the regulations outlines six key conditions, including:
- The existence of a very seriously organized smuggling activity
- The absence of other means to expose organizers
- Securing supervision over smuggled goods or funds until they reach their final destination
Decision and Procedures
The Chief Public Prosecutor of the State Security Court in Ankara has been authorized to decide on controlled delivery operations, provided that the necessary conditions are met. If follow-up and surveillance operations are threatened or if there is a risk of losing evidence or escaping accused individuals, controlled delivery may be terminated immediately without a decision.
Jurisdiction and Violation of Obligations
Jurisdictional Power
The jurisdictional power with respect to controlled delivery belongs to the court where the operation terminates, and controlled delivery does not abolish the jurisdictional power of Turkish courts.
Penalties for Disclosure of Confidential Information
Article 12 of the regulations outlines penalties for individuals who disclose confidential information or fail to furnish requested documents and records. Those found guilty may face imprisonment from one year to five years, depending on the severity of the offense.
Additional Payments and Regulations
Financial Crimes Investigation Board
The Financial Crimes Investigation Board has approved additional payments for its personnel involved in prevention efforts. The payments will be made with the approval of the Minister and are subject to certain conditions.
Regulations Implementation
Regulations outlining the implementation of this Law have been issued by the Council of Ministers, covering issues such as:
- Submitting information
- Customer identification
- Research and examination methods
- Suspicious transactions
- Property determination
The principles and procedures on convention and functioning of Coordination Boards will also be set out in these regulations.