Confiscation Law and right to property

The Turkish Criminal Code No. 5237 and the Law of Criminal Procedure Code numbered 5271, which were published in the official newspaper dated 12/10/2004 and entered into force on 01/06/2005, bring important innovations and regulations to our law. The most importantly, it brings important innovations in confiscation, which is the subject of our thesis.Contrary to the law numbered 765 to the confiscation regulated in Articles 54 and 55 of the Turkish Criminal Code numbered 5237 in return for the article 36 of the Turkish Criminal Code numbered 765, the goods confiscation is regulated in a separate article, and the confiscation of earning is regulated in a separate article. This work on confiscation consists of three parts; In the first part, the definition of the concept of confiscation, the purpose of the confiscation and the opinions about the legal quality, the types of confiscation are explained under the titles of general confiscation and private confiscation, compulsory confiscation and discretionary confiscation, property confiscation and gain confiscation, and then the relation of confiscation with similar concepts will be mentioned such as; seizure, bulwark, alienation to the public. In the second part of our study, the legal regulations related to confiscation in Turkish law, confiscation of goods, confiscation of confiscation, confiscation provisions regulated in special laws, situations affecting confiscation, confiscation trial and execution of confiscation decisions will be discussed. In the third part, the relationship with confiscation and the right to property will be examined constitutionally from the 1982 constitution. The purpose of the study is to explain the subject of confiscation and to reveal the effect of confiscation from the fundamental rights and freedoms protected by the Constitutional provisions on the right to property. Indeed, protection of public order by confiscation, being up against crime and criminalis aimed, but it has restrictive or eliminating effects on rights and interests, especially the right to property. Keywords: Confiscations, Security measures, Confiscations of earnings, Goods confiscation, Trial of confiscation, Execution of confiscation, Constitution, Right to own property, European Court of Human Rights, The restriction of the right to own property