Ekonomik Suçlarda Diversiyon

Abstract

The "selective application of the law" shows its most effective face in criminal law and this situation creates a differentiated application as regards classes. In the study, it is firstly evaluated how the law is adapted to class demands from a political economy perspective. The study also argues that in sector-specific situations, a differentiation is accepted based on the offender. It is observed that two actions with the same elements are subjected to different procedures and decisions due to the offender's current class position or the characteristics of the markets. Demands of the offenders for abstraction arise both in the context of the "equality under the law" principle and a privilege that includes abstraction from this abstraction. Collective imperialism, the structural transformation of the state, the changes and transitions which caused in criminal law and punishment policies, and ultimately the evolution of criminal justice into a system based on consensual agreement rather than the pursuit of "material truth," shaped these demands. The second part of the study addresses the changes on the economic crimes, processes and their impact on the means of intervention in economic crimes. The approach of economic punishment to economic crime, particularly through administrative fines and other faces of diversion has become the most visible face of legal interventions. Diversion, which is one of the aspects of decriminalization, has met the demands for extended authority of the executive, replacing the judiciary through regulatory institutions by directing criminal action "outside the judicial system". In the third and fourth parts of the study, two examples of diversion procedures and powers are examined: The diversion procedures applied in competition law violations, the Competition Board’s strong investigative powers, and the fundamentals, procedures, and practices of whistleblowing for capital market violations are comparatively analyzed from the perspective of criminal law principles.