Seizure Orders and Objections
Seizure orders
Seizure is a temporary procedural measure affecting property that may serve as evidence or be subject to confiscation. The conditions differ for objects, documents, digital material, real estate and other assets; the relevant provision of the Turkish Criminal Procedure Code must be considered separately.
A seizure must comply with the conditions and procedure prescribed by the Criminal Procedure Code. It cannot be ordered arbitrarily.
Seizure and the objection procedure
Seizure temporarily restricts control over property. It is not the same as confiscation, which entails the final transfer of ownership to the state. The purpose, scope and duration of the measure must comply with its legal basis.
The legal basis, scope and available challenge depend on the particular seizure measure and the circumstances of the case.
How can a seizure order be challenged?
Under Article 268(1) of the Criminal Procedure Code, the general time limit for an objection is two weeks from learning of the decision. This rule applies to decisions issued on or after 1 June 2024; transitional provisions must be checked for earlier decisions. Special remedies concerning seizure remain available where their conditions are met.
The objection should set out specific grounds, such as a lack of connection between the property and the alleged offence, an unjustified interference with property rights or a procedural defect.
Frequently Asked Questions
1. Who can authorise seizure? The general rule in Article 127 is a judicial order. Where delay would be prejudicial, the public prosecutor may give a written order; if the prosecutor cannot be reached, a police or gendarmerie supervisor may do so. A seizure without a judicial order must be submitted for judicial approval within 24 hours. It lapses automatically unless the judge announces a decision within 48 hours of the seizure. Special forms of seizure may be subject to different rules.
2. Where is the objection filed? It is submitted to the authority that issued the decision. Unless that authority corrects its decision, it forwards the objection to the reviewing authority designated by Article 268.
- An objection to a seizure order made by a criminal judgeship of peace is generally reviewed by the next-numbered judgeship in the same locality. Article 268(3)(a) sets out the rules for the last-numbered judgeship and localities with only one. Review by a criminal court of first instance, prescribed for detention and judicial-control decisions, is not the general route for seizure orders.
- An objection to a decision by a criminal court of first instance judge is reviewed by the high criminal court for that judicial district. Objections to high criminal court decisions follow Article 268(3)(c).
The application should identify the decision and its date, the applicant’s interest, the grounds of objection and the remedy sought.
Legal assistance with seizure proceedings
A lawyer can examine the legal basis, scope and time limit for challenging the measure. This work may include:
- Preparing and submitting the objection.
- Submitting documents concerning ownership and the property’s connection with the alleged offence.
- Representing the person concerned and advising on the proceedings.
The available remedy and its time limit must be assessed against the type of decision and how it was communicated.
