An Anlysis Of The Element Of Benefit (As A Consequence) In The Crime of Information-Based Manipulation Regulated In Capital Market Law
ABSTRACT
Article 107/2 of the Capital Market Law No. 6362 is about the crime of manipulation based on information, and the crime was regulated as a sudden action crime on 30.12.2012, the date of publication of this Law in the Official Gazette. However, with the amendment enacted within the framework of Article 11 of the Law No. 6637 dated 27.03.2015, this crime was counted among the crimes sought as a result. The transformation of this sudden action crime into a resultant crime has also led to the formation of some contradictions. The narrowing of the area of punishment in this type of crime, which is very difficult to prove, has made it more difficult for the penal norm to be applicable. In the study, the analysis of the current system and the reasons for the adoption of this system were discussed and remedial suggestions were made in accordance with the purpose of the penal norm.
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