What is Seizure ? (CMK123-134)
For the purpose of preventing crime or danger, or because it may be evidence of a crime or is subject to confiscation, the process of removing the saving authority of 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 possession of an item by 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 MAKES THE DECISION ABOUT SEIZURE?
As a rule, the magistrate makes the decision to dismiss the case 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, law enforcement officers may carry out the confiscation process by written order of the law enforcement officer. (CMK m.127)

AT WHAT TIME SHOULD THE CONFISCATION PROCESS 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 date of seizure; otherwise, elkoyma will get up on its own. (CMK m.127/3)

AN EXAMPLE OF A SEARCH AND SEIZURE REQUEST PETITION
… TO THE MAGISTRATE,

File No : …/…D. Work

WHO MADE THE REQUEST :

attorney :

SUBJECT : This is a call and Decommission prompt.

INSTRUCTIONS :

1-) Suspects … … and … … about our client due to the fact that they reproduced some books belonging to the publishing house by copying without permission …. There was an indictment of the suspects statements by the prosecution and the public prosecutor’s office, but it was sufficient; that the suspects belong to any search and in the workplace by putting a hand on the evidence that can be obtained as a result of this search process was conducted.

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 described above, we ask that your court make a decision on the search and seizure by proxy on behalf of our client. Decisively, we ask for a search and seizure decision by proxy on behalf of our client. …/…/…

Prompter’s Attorney

You can read other articles and petition examples by clicking here.