What is a predicate offence in money laundering?
A predicate offence is the underlying crime from which the laundered asset derives. Money laundering requires showing, through concrete facts, that the asset originates from criminal activity.
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Criminal Law • April 15, 2026
The “Predicate Offence” in Money Laundering: An Assessment Through Material and Mental Elements
Содержание:
Money laundering offencePredicate offenceTurkish Criminal Code Article 282 (Laundering assets derived from crime)Proceeds of crimeFATF standardsMental element
This article is currently available in Turkish.
The text examines the role of the predicate offence in money laundering under Turkish criminal law, focusing on the material and mental elements of the offence, evidentiary issues, Court of Cassation practice, FATF standards, and the balance between effective enforcement and fundamental criminal law guarantees.
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Частые вопросы
Can money laundering exist without a conviction for the predicate offence?
A final conviction for the predicate offence may not always be required. Still, proof that the assets derive from crime must be concrete, reviewable, and consistent with criminal law safeguards.
Must the offender know all details of the predicate offence?
The prevailing view is that knowing the assets derive from crime may be sufficient. However, intent must be assessed in each file through the specific transaction, conduct, and evidence.
Is a MASAK report alone sufficient for conviction?
MASAK reports can be important evidence, but relying on them alone without scrutiny is controversial. They should be supported by expert review, banking records, and other evidence.