Şamil Tayyar warns against AKP's new omnibus bill: 'This grave mistake must be reversed'

A change to Article 128 of the Criminal Procedure Code (CMK) is on the agenda in the new omnibus bill to combat "money laundering" and "financing of terrorism." According to the regulation that AKP member Tayyar reacted to, prosecutors would be granted the authority to seize individuals' assets without a court order.

Under the current situation, in order to obtain a decision to seize individuals' assets, reports regarding the value obtained from the crime are requested from the Banking Regulation and Supervision Agency (BDDK), the Capital Markets Board (SPK), the Financial Crimes Investigation Board (MASAK), or the Treasury and Public Oversight, Accounting and Auditing Standards Authority, depending on the relevant case.

This report is prepared within a maximum of 3 months. Thus, legal restrictions to be imposed on all other financial rights, primarily the right to property guaranteed by the Constitution, can be supervised through existing legal regulations.

The draft article regarding the new regulation grants prosecutors the authority to seize individuals' assets for all catalog crimes listed in Article 128 of the CMK without a court order or reports from the relevant institutions.

'YOU ARE MAKING A MISTAKE' WARNING FROM ŞAMİL TAYYAR

AKP member Tayyar warned his party about the consequences that the regulation in question would create and used the following expressions:

"There is a very grave regulation issue regarding property rights in the omnibus bill on the Parliament's agenda.

Prosecutors are being granted the authority to directly seize individuals' assets for all catalog crimes without a court order or obtaining reports from relevant institutions such as MASAK and the BDDK.

Even when the current situation is problematic, making the legal restrictions imposed on the constitutionally guaranteed right to property this easy is a severe intervention into the lifeblood of the system.

It will lead to arbitrariness.

If the path to seizing assets solely by a prosecutor's decision is opened by bypassing institutions like courts and MASAK under the guise of combating money laundering and terrorism financing, you cannot know with what kind of arbitrariness this authority will be applied tomorrow.

Laws are carefully drafted not according to the intention of being applied with good faith, but according to the possibility of being applied with bad faith.

This grave mistake must be reversed.

You are making a mistake."

News Source: 12punto