What is confiscation? (123-134)
For the purpose of preventing crime or danger, or because it may be evidence of a crime or is subject to confiscation, the removal of the right to save the bell on an item, even if it does not have consent, is called “confiscation”. (CMK m. 13, The Regulation on Judicial and Preventive Searches, m.4)
In criminal procedure, confiscation is considered a measure that leads to the temporary transfer of an item under the control of the state. Therefore, confiscation is not a punishment, but a measure of protection. The continuous transfer of goods to the ownership of the state is called “confiscation”. Confiscation is a sanction and the confiscation decision can only be made by the judge as a result of the trial.
WHO DECIDES ON CONFISCATION?
As a rule, the magistrate makes the confiscation decision in the investigation, the court in which his case is filed at the stage of prosecution.
In cases where it is inconvenient to delay the investigation stage, the public prosecutor’s office, and in cases where the Public prosecutor cannot be reached by the written order of the law enforcement officer, law enforcement officers may carry out the confiscation process. (CMK m.127)
AT WHAT TIME SHOULD THE SEIZURE BE APPROVED BY THE JUDGE?
Confiscation without a judge’s decision is submitted to the approval of the incumbent judge within 24 hours. The judge will announce his decision within 48 hours from the confiscation, otherwise the confiscation will be lifted by itself. (CMK m.127/3)
AN EXAMPLE OF A Decommissioning AND SEIZURE REQUEST PETITION
… TO THE MAGISTRATE,
File No : …/… D. Work
WHO MADE THE REQUEST :
attorney :
SUBJECT : Decommissioning and seizure is a prompt.
descriptions :
1-) Suspects … … and … … about our client due to the fact that they reproduced some books belonging to the publishing house by copying without permission …. A criminal complaint has been filed with the Prosecutor General’s Office and the prosecutor’s Office has Dec Decried the statements of the suspects; no search has been carried out at the suspects’ workplace and no seizure has been made of the evidence that may be obtained as a result of this search.
2-) the suspects while the investigation continues, the investigation is within the scope of a search and seizure is not made as a result of this search yet; that can be achieved when evidence is given of the possibility of the suspect being destroyed by whether the activity that is performed in workplaces because of sorusman could affect the course of search to be made, and the evidence that can be obtained in this framework and to be taken under their protection confiscation will make important contributions to the progress of the investigation.
3-) For the reasons mentioned above, it was necessary to contact your court to allow searches to be carried out at the workplace of suspicious persons and confiscation of them if evidence related to the action Dec Dec the subject of the complaint is found as a result of this search.
CONCLUSION AND REQUEST: For the reasons explained above, we ask that your court make a search and seizure decision on behalf of our client by proxy Dec and request. …/…/…
The Acting Solicitor
