THE PROVISION OF WRITTEN APPLICATION AND JURISDICTION AND COMPETENT COURT OF CAPITAL MARKET CRIMES

Surrounding the capital market with an effective and dissuasive legal system is an important requirement for the protection and increase of the number of domestic and foreign investors operating in this field. Therefore, it is very important to envisage a special procedure for the crimes committed in this area and to conduct the proceedings by specialized judicial authorities. Capital Market Law numbered 6362 has been aimed to be formed within the framework of this understanding. The fact that the Public Prosecutor could request help from the staff of the Assembly(SPK) during the investigation and that the proceedings were conducted by specialized courts which were determined by the Assembly of Judges and Prosecutors is also indicative. In addition, the legislator has imposed a requirement to submit a written application to the Chief Public Prosecutor by the Board in order to investigate the crimes committed in this area and thus has the duty of filtering the Board. Our study mainly consists of two parts. In the first chapter, we have touched on the general principles related to the crimes regulated under Law No. 6362. We have expressed our opinion and opinions on the doctrine of the “written application” requirement as a condition of judgment. In the second part, we examined how to determine the duty and competent court for the crimes in SerPK