International Conference on Eurasian Economies
1-3 July 2014 – Skopje, MACEDONIA
Paper detail
Paper ID : 1097
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Asst. Prof. Dr. Nazmiye Özenbaş
Session : 4E Hukuk II
Crime of Banking Embezzlement in Turkish Law
Türk Hukukunda Bankacılık Zimmeti Suçu
- Asst. Prof. Dr. Nazmiye Özenbaş (Anadolu University, Türkiye)
Abstract
White-collar crime, which is perhaps the most important of types of crime in terms of havoc and committed by the superior contrary to common belief, has much more influence than conventional crime. This crimes, are committed by well-respected professionals in their business. Besides, this study explain one of the this type of crime, crime of banking embezzlement. Because of the vital importance of banking to countries’ economy and the detrimental effects of the fraudulent actions of bankers to the well being of a bank and its systemic effect to the other banks in the market, regulators impose criminal sanctions. In Turkey, a special embezzlement offence that can be conducted by bankers is regulated under article 160 of the Banking Law No.5411. This article aims to analyze this controversial criminal offence within Banking Law No.5411 and Turkish Criminal Law No.5237. In this respect, the study includes general information about embezzlement, elements of the offence, special circumstances that affects the nature of the offence, specific forms of the offence and prosecution methods. It should be noted that, the elements and structure of bank embezzlement which is expected in the first paragraph of Article 160 is very similar to the embezzlement which is provided for in the Penal Code. However, the structure of which is conditional embezzlement expected in the third paragraph of that Article is very different from embezzlement provided in the Criminal Code. In the study also, recommendations are presented regarding the upon completion of the crime and trial precondition.
JEL codes: K14
Özenbaş, Nazmiye (2014). "Crime of Banking Embezzlement in Turkish Law" in Proceedings of International Conference of Eurasian Economies 2014, pp.1029-1037, Skopje, MACEDONIA.
DOI: https://doi.org/10.36880/C05.01097
