Search And Seizure Request
What is seizure? (CMK123-134)
Seizure refers to the removal of the right of disposal of an item, without the consent of the owner, for the purpose of preventing crime or danger, or because the item may constitute evidence of a crime or is subject to confiscation. (CMK m. 13, Judicial and Preventive Searches Regulation, m.4)
In criminal proceedings, seizure is considered a measure that results in the temporary transfer of an item into state custody. Therefore, seizure is not a punishment but a protective measure. The permanent transfer of an item into state ownership is called “confiscation.” Confiscation is a sanction, and a confiscation decision can only be made by a judge at the conclusion of a trial.
Who issues the seizure decision?
As a rule, the seizure decision is issued by the magistrate during the investigation and by the court where the case is filed during the prosecution phase.
In cases where delay is not permissible during the investigation phase, law enforcement officers may carry out the seizure procedure with the written order of the public prosecutor or, if the public prosecutor cannot be reached, the law enforcement officer. (CMK m.127)
Within what period of time must the seizure be approved by the judge?
A seizure carried out without a judge’s decision must be submitted to the competent judge for approval within 24 hours. The judge shall announce his decision within 48 hours of the seizure; otherwise, the seizure shall be automatically lifted. (CMK m.127/3)
Sample Application for Search and Seizure
… TO THE PEACE CRIMINAL COURT,
File No. : …/… D. Case
PETITIONER :
ATTORNEY :
SUBJECT : Request for search and seizure.
EXPLANATIONS :
1-) Our client’s publishing house has filed a complaint with the public prosecutor’s office against the suspects … … and … … for illegally photocopying some of its books. A criminal complaint was filed with the Chief Public Prosecutor’s Office, and the Prosecutor’s Office limited itself to taking the suspects’ statements; no search was conducted at the suspects’ workplace, nor was any seizure of evidence obtained as a result of such a search.
2-) Although the investigation into the suspects is ongoing, no search has been conducted as part of the investigation, nor has any seizure of evidence been made as a result of such a search; Considering the possibility that the suspects may destroy the evidence that could be obtained, this could negatively affect the progress of the investigation. Therefore, conducting a search of their workplaces and seizing the evidence that may be obtained in this context and protecting it will contribute significantly to the progress of the investigation.
3-) For the reasons stated above, it has become necessary to apply to your court for permission to conduct a search of the workplace belonging to the suspects and to seize any evidence related to the alleged offense that may be found as a result of this search.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request that your court issue a search and seizure order on behalf of our client. …/…/…
Attorney for the Petitioner
Attorney