Confiscation Procedure

The confiscation procedure is a special legal process in criminal procedure law that aims to transfer assets obtained through criminal activity to the state. If a public case has not been filed or a decision on the merits has not been issued, the prosecutor or complainant may apply to the competent court for a confiscation decision.

If a public case has been filed and a decision has not been made regarding the return of property or assets, the court can decide on the return either ex officio or upon the request of the interested parties. During this process, individuals who have rights over the property to be confiscated or returned are also invited to the hearing and can exercise the same rights as the defendant.

Decisions on confiscation must be made in a hearing. Individuals with rights over the property or other assets subject to confiscation are called to the hearing. If they do not respond, the process is not delayed, and the decision can be issued.

Confiscation decisions made by the court can be appealed by the prosecutor, the complainant, and individuals with rights over the property. For assets that are not related to a crime but are subject to confiscation, the magistrate judge may issue a confiscation order without a hearing, and this decision can be challenged.

Attorney Hüseyin BAYAR, founder of Bayar Law Office, emphasizes the importance of protecting individuals' legal rights in the confiscation procedure, an essential aspect of criminal procedure law.

Legal Notice: This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Office. Unauthorized use or copying is prohibited.