What is confiscation?

What is Confiscation? | Izmir Law Firm

What is confiscation?

confiscation

noun, law, (müsa:dere), Arabic muṣādere

Forced acquisition.

What does a confiscation order mean?

Confiscation, Confiscation can be defined as a court decision ordering the safekeeping of property or proceeds believed to be related to a crime. For such property to be confiscated, certain conditions must be met, such as its connection to the crime committed or its absence from the possession of bona fide third parties. A confiscation order, on the other hand, refers to a court decision ordering the forceful seizure of property or proceeds related to a crime. In Turkish law, general confiscation is prohibited under Article 38 of the Constitution.

What are the types of confiscation?

In our national law, the institution of confiscation is regulated under Articles 54 and 55 of the Turkish Penal Code and can be examined in two different ways: confiscation of property (goods) and confiscation of earnings (money).

What is confiscation under legal regulations?

Turkish Penal Code

Article 54 – Confiscation of Property

• (1) Provided that they do not belong to bona fide third parties, items used in the commission of an intentional crime, or allocated to the commission of a crime, or resulting from a crime confiscation It is decided that the items prepared for use in the commission of the crime pose a danger to public safety, public health, or general morality. confiscation This is done if there is a limited real right established on the property in favor of bona fide third parties. confiscation The decision is made subject to the reservation of this right.
• (2) The destruction, disposal, consumption or of the goods covered by the first paragraph confiscation If this is otherwise impossible, then a monetary amount equal to the value of the item. confiscation A decision will be made.
• (3) Items used in the crime confiscation When it is understood that carrying out the procedure would have more serious consequences than the crime committed and would therefore be unfair, confiscation It may not be judged.
• (4) Items whose production, possession, use, transportation, purchase and sale constitute a crime, confiscation It is done.
• (5) Only some parts of something confiscation If necessary, and if it is possible to separate this part without damaging the whole, then only that part should be separated. confiscation A decision will be made.
• (6) With regard to property in which more than one person is a co-owner, only the share of the person who participated in the crime confiscation It is ruled.

Article 55 - Confiscation of Earnings

• (1) Material benefits obtained through the commission of the crime or constituting the subject of the crime or provided for the commission of the crime, and economic gains resulting from their valuation or conversion. confiscation a decision is made. According to the provisions of this paragraph. confiscation For a decision to be made, it must be impossible to return the material benefit to the victim of the crime.
• (2) Confiscation In cases where the subject matter, goods or material interests, cannot be seized or delivered to the relevant authority, the equivalent value of these shall be considered. confiscation It is judged.
• (3) In order for the goods covered by this article to be confiscated, the person who subsequently acquired the goods must not be able to benefit from the provisions of the Turkish Civil Code No. 4721 dated 22/11/2001 regarding the protection of good faith.

Confiscation in Supreme Court Decisions

SUPREME COURT 7th Criminal Division E. 2014/5236 K. 2015/119

...the law enforcement should have investigated who was actually using the vehicle, determined whether the registered owner N. had a driver's license at the time of the crime, and investigated and evaluated whether there were any fines issued against the defendants for traffic violations while driving this vehicle in the past, and after determining whether the vehicle belonged to a bona fide third party, a decision should have been made regarding its confiscation or return. However, the judgment was rendered in writing with an incomplete investigation... This is contrary to the law, and the defendants' appeals are therefore deemed justified, pursuant to Law No. 5320. 8According to Article 1 of the Code of Criminal Procedure No. 1412, which is currently in force... 321. In accordance with the relevant article, it was unanimously decided on January 12, 2015, that the judgment be OVERTURNED and that the appeal fee be refunded if requested.

SUPREME COURT CRIMINAL GENERAL ASSEMBLY E. 2014/6-66 K. 2014/365

2) According to the acceptance and application; the decision to confiscate the vehicle with the registration number 34 UL 1…, which is alleged to have been used in the crime, should have been overturned by a majority vote due to its incorrectness. This was done because the vehicle's value was determined, and it should have been assessed whether the value of the stolen goods and the vehicle were proportionate, and whether the confiscation decision would lead to more severe and unfair consequences than the crime committed. This should have been shown and discussed in the decision, and a judgment should have been rendered accordingly.,

SUPREME COURT 19th Criminal Division K. 2021/3512

A confiscation order cannot be issued without a request for confiscation in the indictment. The decision to confiscate 14 mobile phones, for which no confiscation request was made in the indictment, is unlawful..

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