Defense Strategy Using IBAN in the Allegation of TCK Article 282 (Laundering Proceeds of Crime)

One of the most common serious accusations in IBAN victimization files is TCK Article 282 - laundering proceeds of crime. The account owner, regarding the "dirty" money passing through his account; may be investigated not only for participation in fraud, but also for laundering. This crime requires a different moral element assessment than participation in fraud.

Elements of Crime

TCK article 282; It is defined as "a person who takes the value of assets abroad, resulting from a crime that requires a minimum prison sentence of six months or more, or who subjects them to various processes in order to hide their illegitimate source or to create the belief that they were obtained through a legitimate means."

In terms of moral element, it is a crime that can be committed deliberately. It must be demonstrated that the perpetrator knew or should have known that the money was illegitimate.

Arguments Favorable to the Victim Account Owner

• Not knowing: He did not know that the money was proceeds of crime; was misled by preconceived documents such as fake job postings, fake partnerships or fake investments
• Active good faith: Notification to the bank when first noticed, criminal complaint, attempt to return the money
• Not taking advantage: Not taking unfair advantage of the money transferred from the account; The amount has been transferred out as is or in a short time
• Shortness of time: Account availability is limited to hours/days
• Being a victim of IT abuse: Unauthorized use of the account through methods such as SIM swap, phishing

Things That Can Be Considered Against Him

• Account being used repeatedly / systematically in different fraudulent traffic
• Account ownerproviding benefits in the form of "commission"
• Failure to report suspicious transactions even though they were noticed
• The account holder's profile (income, profession, past activity) is incompatible with the high-amount transaction

MASAK Size

Within the scope of AML No. 5549, MASAK may apply temporary measures after the bank suspicious transaction report (STR). Not directly against the precautionary decision; The way to object to the seizure decision before the criminal judgeship of peace is open. For unblocking:

• Evidence file showing the legitimate source of account transactions
• Financial advisor / expert support
• Active good faith documents (bank objection, criminal complaint, etc.)
• The process can be relatively long; "definitive removal" not promised

Defense File — Practical Structure