Özet:

The Capital Market Act No. 6362 provides effective regrets in terms of market fraud and covered profit transfer crimes. In this context, those who are in the scope of trading-based market fraud are not punished for their rights if they pay to the Treasury twice the profits they obtain before the investigation begins. However, if the payment is made after the investigation has begun, the half of the penalty to be given will be reduced, and in the payments to be made until the trial is sentenced, the penalty to be given will be reduced by one-third. In terms of the crime, the transfer of winnings is not punishable for this crime if the double amount of the amount transferred after the payment of the amount provided for in Article 21/4 of the SPKn is paid to the Treasury before the investigation begins. If this amount is paid during the investigation, half of the penalty will be reduced, and if it is paid until the judgment is made during the investigation, the penalty will be reduced by one-third. In this work we have tried to analyze the procedure of implementation of the effective regret provisions in the capital market legislation, the peculiarities of the crimes, the issue of implementation in the context of the investigation in the case of effective regret and the debate about whether the prosecutor has opened proceedings, the effective regret and affiliate relationship, the effect of the execution of the judgment of the fault fault, the place of payment by the fault to the Treasury.

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