Karapara ve Türkiye'de Karaparanın Aklanması ile Mücadele

Abstract

Karaparanin tarihi gelisimine bakildiginda uluslararasi literature oncelikle para aklama (money laundering) kavraminin yerlestigi gorulmektedir. Bu kavram soz konusukazancin bir suctan elde edildigini dolayisi ile kara oldugunu ve kullanilabilmek icinaklanmasi gerektigini ifade etmektedir. Bu konudaki uluslararasi mevzuatta ise karaparakavrami yerine suc geliri ya da suctan elde edilen kazanc gibi kavramlar kullanilmaktadir. ornegin FATF 40 tavsiyesinde karapara aklama (money laundering) kavrami ve suc gelirleri (proceeds from crime) kavramlari kullanilmaktadir. Esasinda hem karapara hem de suc geliri kavramlari ayni anlami icermektedir.

In the view of the historical development of black money, it can be found out that, first the term, ?money laundering? has took place in international literature. The term expresses, that such proceeds have been derived from a crime and therefore they are black and therefore they have to be cleaned (laundered) in order to be used again. Instead of black money, the terms like ?criminal proceeds? or ?proceeds from crime? are being used in International Law. For example, in the 40 Recommendations of FATF, the terms ?money laundering? and ?proceeds from crime? are being used. In fact both black money and proceeds from crime cover the same meanings.Similarly in Turkish Law, the terms ?criminal proceeds? or as mentioned in the Law No 5549 ?proceeds from crime? are used. Though the term black money has not been used in legislation, the term money laundering is still being used. The reason for this is; it is the best way to tell that proceeds from crime is a black money and has to be laundered in order to be used again safely. Moreover the success of the fight against money laundering depends on not only legislation but both national and international consensus. Consequently in this study, the term black money is used instead of proceeds from crime in accordance with the common use of the term.In this study, black money and anti money laundering issues are handled in national and international aspects, and developments and regulations on this topic are investigated.