Petition To Lift The Confiscation Order
What is Confiscation (Art. 54-55 TPC)
Confiscation can be defined as the transfer of ownership of certain property or earnings related to a criminal offense to the state. In criminal law, “general confiscation”, which means the transfer of all assets of the offender to the state, is prohibited (Article 38 of the Constitution). The Turkish Penal Code also adopts a special confiscation system, not a general confiscation system. In other words, the prerequisite for confiscation is that the asset value must be related to the crime. Asset values such as goods, earnings, money, etc. that are not related to the crime committed cannot be confiscated.
In practice, it is also observed that the courts decide on the destruction or liquidation of the property subject to the case instead of confiscation. The court decision should not be in the form of destruction or liquidation of the goods, but in the form of confiscation of the goods as a security measure.
Confiscation cannot be ordered without a confiscation request in the indictment. The decision to confiscate 14 cell phones, for which there is no confiscation request in the indictment, is unlawful (Y19CD-K.2021/3512).
Petition to Lift the Confiscation Order
TO THE … CRIMINAL COURT
FILE NO : …/ … E.
THE PLAINTIFF :…….
DEFENDANT :…….
ADDRESS :
CRIME :
SUBJECT : It is about our request to lift the confiscation decision.
EXPLANATIONS
1-) Müvekkilimiz hakkında …/ …/ … tarihinde … Cumhuriyet Savcılığı’nın …/… Hazırlık nolu dosyasının kabulü ile mahkemenizde … suçundan kamu davası açılmış ve emanetin …/ … sırasında kayıtlı … marka av tüfeği ile emanetin …/ … sırasında kayıtlı … marka kuru sıkı tabancanın müsaderesine karar verilmiştir.
2-) In the report numbered …, which was issued by the police officers on duty at the … Police Station on …/…/… on the date of the incident and included in the file; it is stated that the action subject to the lawsuit was carried out with a … brand shotgun.
3-) As it can be understood from the relevant minutes, it is clear that the confiscation of the … brand blank firearm, which is accepted not to have been used in the crime and the possession of which does not constitute a crime itself, cannot be decided.
4-) Accordingly; it has become necessary to apply to your court for the abolition of the confiscation decision given about the … brand dry firearm, which is registered in the order …/ … of the custody and which is not used in the crime.
LEGAL GROUNDS : Article 54 of Law No. 5237; Articles 256, 257, 258, 259 of Law No. 5271.
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request on behalf of our client that the confiscation decision on the … brand blank firearm belonging to our client, which is registered in the …/ … order of the custody, be lifted. …/ …/ …
Defendant Counsel