İzinsiz Sistem İşleticisi, Ödeme Kuruluşu veya Elektronik Para Kuruluşu Gibi Faaliyette Bulunma Suçu

Turkish

Türkiye’s Law on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions No. 6493 was prepared to fill the legal gap in the fields of payment and security settlement systems, payment services, and electronic money institutions and suit the competence of the European Union in the relevant field and enacted on June 27, 2013 upon being published in the Official Gazette No. 28690. Law No. 6493 defines the main concepts and states the rights, obligations, and sanctions regarding the relevant topics. Also, engaging in activities such as being an unauthorized system operator, payment institution, or electronic money institution and leaving the impression of being a system operator, payment institution, or electronic money institution without proper authorization are punishable offenses according to Article 28 of this law. As such, these acts may pose a significant threat in terms of safety and stability of the financial system, thus endangering financial coordination. Such a scenario could lead to the victimization of everyone who forms society. Therefore, research on these offenses is quite important. Based on these expressed preambles, the topic of the study has been determined as the academic examination and evaluation of the crimes specified under Article 28 of Law No. 6493. In this context, the study will first state collective information about these crime types, then explain the legal value that is preserved by punishing relevant crimes and the elements of these crimes and evaluate the terms of faultiness, attempt, complicity, and concurrence in the context of relevant crimes.