Hello dear readers. Today, I will talk to you about the issue that has caused the most grievances recently
Hello dear readers. Today, I will talk to you about the legal remedies that should be pursued regarding the bitcoin-related victimization that has been most prevalent in recent days. As you are aware, cryptocurrency can be described as a virtual currency that can be used in exchange transactions today and is encrypted in a digital environment. Many economists also emphasize that it may be the currency of the future. However, cryptocurrencies do not have any physical equivalent. The most significant problem regarding the security of cryptocurrencies is the possibility that the same currency can be spent more than once. In order to prevent these transactions, a central bank that records all transactions made should first be established. By establishing a system that controls the entire mechanism in this way, trust in cryptocurrency can also be fostered by society. However, according to the regulation signed by the Central Bank of the Republic of Turkey and published in the Official Gazette recently, the use of electronic currencies, such as Bitcoin, known as cryptocurrency, as a means of payment in Turkey has been prohibited as of April 30, 2021. In line with this decision published in the Official Gazette, it is not the cryptocurrency assets, but the payment methods to be made with cryptocurrency that are prohibited. The regulations on this matter allow for the prevention of many unlawful payments and payments whose source of cryptocurrency is unclear. Detailed regulations have been introduced regarding the crime of laundering assets derived from a crime, which is regulated in Article 282 of the Turkish Penal Code. This article also provides for important and heavy sanctions for the laundering of assets. Furthermore, in accordance with this article, there is no obstacle to considering the commission of a crime through electronic money transfers as falling within the scope of the crime.
TPC Art. 282 Crime of Laundering Assets Derived from a Crime
(1) (Amended: 26/6/2009 – Law No. 5918/5) Any person who transfers assets derived from a crime that requires a minimum prison sentence of six months or more abroad, or subjects them to various transactions with the intent of concealing their illicit source or creating the impression that they were obtained through legitimate means, shall be sentenced to imprisonment from three to seven years and a judicial fine of up to twenty thousand days.
(2) (Added: 26/6/2009 – Law No. 5918/5) Any person who, without participating in the commission of the crime in the first paragraph, purchases, accepts, possesses, or uses the asset constituting the subject of this crime while knowing its nature, shall be sentenced to imprisonment from two to five years.
(3) In the event that this crime is committed by a public official or a person of a certain profession during the performance of that profession, the prison sentence to be imposed shall be increased by half.
(4) In the event that this crime is committed within the framework of the activities of an organization established for the purpose of committing crimes, the sentence to be imposed shall be increased by one fold.
(5) Due to the commission of this crime, security measures specific to legal entities shall be ordered against them.
(6) No penalty shall be imposed for the crime defined in this article on a person who enables the seizure of the assets that are the subject of the crime before the prosecution begins for this crime, or who facilitates their seizure by informing the competent authorities of their location.
As a result of the emergence of cryptocurrency victimizations in recent times, there are procedures that must be followed legally. Specifically, it is an important step in initiating the judicial process for those who have suffered victimization and financial losses to apply to the Chief Public Prosecutor's Offices in their region and to attach copies of the transactions they made via bank transfers to their complaint petitions. In addition, depending on the amount lost via cryptocurrency, they should apply to the Consumer Arbitration Committees in their region. If the amounts are higher, proceedings can be initiated for the commencement of the legal process in Consumer Courts. Following the legal applications made by the victims, the trial will begin, and the asset status of the company and its owners is of importance in terms of compensation for the damages they have caused.
Attorney Gizem GONCE