Paper ID : 1988
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Çetin Arslan
Session : 3B Sektörel Analizler
The Protection of Bank and Customer Secrets by Criminal Law
Banka ve Müşteri Sırlarının Ceza Hukuku Tarafından Korunması
- Prof. Dr. Çetin Arslan (Hacettepe University, Turkey)
- Ph.D. candidate Didar Özdemir (Hacettepe University, Turkey)
The Turkish Penal Code (TPC) no.5237 embodies “the reveal of bank and customer secrets” as a crime. However, neither article 6 of the TPC titled “definitions” nor the legal justification of the article contains the definition of the bank or customer secret. On the other hand, the bank or customer secrets are under guarantee of four different codes. These dispositions can be counted as the article 239 of the TPC, the articles 35 and 68/II/a of the Turkish Republic Central Bank Code dated 14.01.1970 and numbered 1211, the articles 73 and 159 of the Banking Code dated 19.10.2005 and numbered 5411 and also the articles 8, 23 and 31 of the Bank Cards and Credit Cards Code dated 23.02.2006 and numbered 5464. Though, these two special codes do not make a connection to the article 239 of the TPC which constitutes the general norm nor the TPC makes a reference to those dispositions. In this study, we will try to explain first the notions of bank and customer secrets, then the penal norms protecting the bank and customer secrets and last, the elements of the crime disposed in the article 239 of the TPC.
Arslan, Çetin, Özdemir, Didar (2017). "The Protection of Bank and Customer Secrets by Criminal Law" in Proceedings of International Conference of Eurasian Economies 2017, pp.213-220, Bishkek, KYRGYZSTAN.
Full paper in PDF format.
Session 3B: Sektörel Analizler