Search, seizure and confiscation according to The AntiSmuggling Law No.5607

Although the provisions of the Criminal Procedure Law No. 5271 and the Turkish Criminal Code No: 5237 are very much discussed, the provisions of the Anti-Smuggling Law No 5607. The aim of our thesis is to shed light on some of the practical problems in the light of the legal qualifications, scope and limits of the provisions of search, seizure and confiscation as the procedural provisions within the framework of the Anti-Smuggling Law No. 5607. In our study, in which the boundaries of the delicate balance between the establishment of public order and the protection of the basic rights and freedoms of the persons are clarified, in the first section, the search process according to the Anti - Smuggling Law No. 5607 is emphasized. First of all, the legal nature of this protection measure has been mentioned and then the general conditions are given in detail. One of the most important problems in practice today, the search for forensic search and prevention agencies are explained in detail and the qualifications of the evidences obtained in the searches made in relation to the law are explained by associating them with the case law of the Supreme Court. Besides, it was explained what the search and inspection procedures of the Customs Enforcement Officers brought with the Anti-Smuggling Law were explained and their limits and scope were emphasized. Confiscation according to 5607 numbered the Anti-Smuggling Law constitutes the last part of our work. According to this, first of all, the concept and the legal nature of this concept were given, and the article on the Criminal Code numbered 5237 as well as the confiscation of profits was referred to in accordance with the reference in the Anti-Smuggling Law. Again, the confiscation of transport vehicles, the special arrangement of the Anti-Smuggling Law, was examined and approaches to current problems about the confiscation of well-behaved third persons, especially of the means that constituted the subject of the smuggling crime in particular, have been found. Throughout our work, the legal systems of some states in the Black European Legal System have been mentioned and similar arrangements in the American legal system have been mentioned in terms of search. In the solutions and determinations related to the problems, the case law of the Supreme Court of Appeals has benefited and the European Court of Human Rights has also taken part in the decisions and tried to put forward the system of the Anti-Smuggling Law No. 5607.