Search And Seizure Request
What is seizure? (Article 123 – Article 134 of the Criminal Procedure Code)
“Seizure” is the process of removing the possessor’s authority to dispose of an item, despite the lack of consent, for the purpose of preventing crime or danger, or because it may be evidence of a crime or subject to confiscation. (Article 13 of the Code of Criminal Procedure, Article 4 of the Regulation on Forensic and Preventive Searches)
In criminal procedure, seizure is considered as a measure that temporarily places an object under the control of the state. Therefore, seizure is not a punishment but a protection measure. The permanent transfer of property to the ownership of the state is called “confiscation”. Confiscation is a sanction and a confiscation decision can only be made by a judge after a trial.
Who decides on confiscation?
As a rule, the criminal judge of peace makes the confiscation decision in the investigation phase and the court where the case is filed in the prosecution phase.
During the investigation phase, law enforcement officers may carry out the seizure with the written order of the public prosecutor in cases where there is an inconvenience in delay, or with the written order of the chief law enforcement officer in cases where the public prosecutor cannot be reached. (Article 127 of the Code of Criminal Procedure)
… TO THE JUDGE OF SULH CEZA
FILE NO : …/… D. İş
APPLICANT :
PROVISIONAL :
SUBJECT : Search and seizure request.
EXPLANATIONS
1-) We have filed a criminal complaint against the suspects … … and … … … for unauthorized photocopying of some books belonging to our client’s publishing house …. The Public Prosecutor’s Office has filed a criminal complaint against the suspects … … and … … … … for photocopying some books belonging to our client’s publishing house without permission, and the Prosecutor’s Office has only taken the statements of the suspects; no search was conducted at the workplace of the suspects and no seizure of evidence that could be obtained as a result of this search.
2-) Although the investigation against the suspects is ongoing, the fact that there has not yet been a search and a seizure as a result of this search within the scope of the investigation; Considering the possibility that the evidence that may be obtained may be destroyed by the suspects, it may adversely affect the course of the investigation, and the search to be carried out in the workplaces due to this activity and the evidence that can be obtained within this framework and their seizure for protection will make important contributions to the progress of the investigation.
3-) For the above-mentioned reasons, it has become necessary to apply to your court for permission to search the workplaces of the suspects and to seize the evidence related to the action subject to the complaint in case evidence is found as a result of this search.
CONCLUSION AND REQUEST
For the reasons explained above, we hereby request and demand that your court issue a search and seizure order on behalf of our client. …/…/…
Petitioner’s Attorney