Red notices issued about company executivesrequires careful examination of the link between the criminal allegation arising from the company’s activities and the personal act of the manager. Board membership, directorship or signature authority alone does not constitute criminal liability. In the accusation on which the Interpol record is based, it should be concretized which decision the person made, which transaction he knew about and how he participated in the alleged criminal interest.
A red notice is not a conviction or an international arrest warrant. It is a request for cooperation from the requesting country to locate and temporarily capture the person based on a valid arrest warrant. Each country decides on arrest and extradition according to its own law.
In what cases can a company manager be held personally liable?
Criminal liability is personal. The manager’s term of office, area of authority, signature arrangement, internal control responsibility, level of knowledge and contribution to the imputed transaction are investigated. Just because your name is in the trade registry does not indicate that you know all the transactions of the company. On the other hand, if the allegations of planning the transaction, giving misleading instructions, benefiting from the proceeds of crime or concealing evidence are supported by concrete evidence, the evaluation may differ.
- Trade registry and job acceptance/leaving documents,
- Board of directors decisions and signature circulars,
- Bank authorizations and money transfers,
- Internal correspondence, e-mail and meeting minutes,
- Compliance, audit and risk reports,
- Records showing actual management in the relevant period
Especially in fraudulent claims, Interpol defense in international fraud cases and the individual position of the company manager should be considered together.
What rules should a red notice request follow?
Under the Interpol Data Processing Rules, a red notice should be used for serious criminal offences. A private law dispute, violation of administrative regulations or mere non-performance of the contract may not be sufficient unless there is a serious criminal connection. In the request, the identity of the person, the alleged act, information about the arrest warrant and the summary of the incident must be clear.
The fact that collective narratives within the company are addressed to everyone in the same way should be questioned in defense. For the legal framework of registration red notice removal assessment, for the accuracy and up-to-dateness of the data Ways to deregister Interpol can be examined.
What defenses can be raised in a CCF application?
A request for access, correction or deletion may be submitted to the Interpol Files Control Commission. It is not enough to simply deny the accusation in the application. Transactions that take place outside the term of office, limited authority, mismatch of identity, decision of acquittal or non-prosecution, commercial dispute nature and outdated information must be documented.
Documents required for CCF These may include identity documents, proper power of attorney, judicial decisions and company records. CCF does not revoke the national arrest warrant; It only checks the compliance of the data in the Interpol system with the rules.
Capture and extradition phase in Turkey
If the manager is detected in Turkey, law enforcement, prosecutor’s office and court proceedings are carried out according to the legal nature of the file. The existence of a red notice does not mean automatic return. Within the scope of Law No. 6706, double punishability, statute of limitations, political or discriminatory purpose, human rights risk and decisions regarding the same act in Turkey are examined.
Process of extradition case in Turkey and the CCF process are independent of each other. A consistent chronology should be established between the defense in the source country, the extradition objection in Turkey and the Interpol application.
Steps to follow for executive defense
- The accuracy of the person and company information in the record is checked.
- Term of office and signature authorities are documented.
- Personal participation is examined separately for each imputed transaction.
- The file and arrest warrant in the source country are investigated.
- CCF and extradition defense are prepared according to different legal criteria.
Early document collection in a cross-border corporate file can prevent the loss of corporate records that are subsequently inaccessible. With lawyer Esra Aslan meeting on a case-by-case basis A plan can be prepared where company records, Interpol data and return risk are evaluated together.
Frequently Asked Questions
Can a board member be called with a red notice due to company debt?
Mere company debt is not a reason for a red notice. A serious criminal charge and a connection to a personal act are sought.
Is signature authority sufficient for criminal liability?
No. Exercise of authority, knowledge, intent and contribution to the act must also be proven.
Is there any liability for actions taken after leaving office?
As a rule, personal act is taken as basis. The date of separation and the actual authority maintained thereafter are examined with concrete documents.
Does CCF accept company documents
Relevant and reliable company records may be submitted as supporting evidence.
Is a red notice sufficient for a refund?
No. Extradition is decided separately in accordance with the national legislation and international obligations of the requested country.
Should the acquittal decision be sent to Interpol?
Yes. The current decision, along with its finalization status and justification, must be submitted to the CCF and the relevant authorities.
Does the bankruptcy of the company mean fraud?
No. An evidentiary distinction must be made between financial failure and a fraudulent scheme from the outset.
This text is general information; It cannot be used instead of a legal opinion without examining the concrete file, current legislation and official documents.
