Interference in property right by criminal law

The measures in criminal law is aim to fight against crime effectively and to ensure public order. However, application of these measures will result in the limitation of fundamental rights and freedoms. In this context, confiscation and seizure orders cause to the restriction of the right to property. In order to be fair, the interference with the right to property through confiscation and seizure must meet certain criteria. These criteria for the protection of property rights are set out in the judgments of the European Court of Human Rights and the Constitutional Court. Firstly, confiscation measure, which leads to a heavy outcome such as deprivation of property, is to introduce in this work. In addition, confiscation is to compare with seizure and confiscation due to misdemeanor. Secondly, the European Court of Human Rights' general approach to property rights is addressed and then decisions about interference to the right to property through confiscation and seizure is examined. Finally, the Constitutional Court's assessment of the right to property under the individual application is to reviewed and decisions made in individual applications for alleged violations of the right to property through confiscation and seizure measures is to analyzed. Key Words: Confiscation, Civil Forfeiture, Seizure, Right to Property, Control of The Use of Property, Fair Balance.