It has been stated that former AKP Minister of Family and Social Policies Fatma Betül Sayan Kaya and her husband İlyas Kaya have made a payment to the Savings Deposit Insurance Fund's (TMSF) voluntary refund account regarding their investments that came to light within the scope of a fund crisis.
According to information reflected in the public domain, the couple sent the portion of their investments excluding the principal to the TMSF account. This step has reignited the debate over what amount must be paid in terms of the effective remorse provisions in the Capital Markets Law.
EFFECTIVE REMORSE CONDITION
Articles 107/1 and 107/3 of the Capital Markets Law No. 6362 stipulate that for individuals against whom a criminal complaint has been filed to benefit from effective remorse provisions, they must pay twice the amount of the benefit they obtained or provided to others.
According to the law, this amount cannot be less than 500 thousand liras, and the payment must be completed within 15 days from the Board's decision, with the relevant documents submitted to the Capital Markets Board.
Addressing the issue during a press conference held in Parliament today, Group Deputy Chairman Gökhan Günaydın argued that exemption from investigations cannot be secured through incomplete payments.
They have attempted to save themselves by paying 2 billion liras to the Treasury. However, the amount that needs to be paid is twice the illicit gain, which is 4.4 billion liras. Will they be exempt from all investigations just by returning the money they took to the Treasury? Does your mind really work that simply? Do you think the citizens will let this go?
How the payment made by the Kaya couple will be evaluated within the scope of effective remorse provisions and how it will reflect on the SPK process is being monitored as one of the decisive topics in the legal dimension of the investigation.
News Source: 12punto
