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Confiscation and confiscation judgement

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2014
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Abstract (EN)

Confiscation is the transfer of ownership of a commodity or an income by a verdict from the owners to public in case of the emerge of some conditions indicated in the law against a crime. Confiscation has been rearranged by Turkish Penal Law number 5237, and detailed provisions have been brought. The most distinct characteristic of the rearrangement made is the acceptance of the legal characteristic of confiscation as a safety measure. The confiscation of income that was previously accepted in the doctrine and the court practices, institutes such as equivalent confiscation, replacement value confiscation, partial confiscation, proportionality principles have been accepted in the new law. With this rearrangement, many discussions in the doctrine have been stopped and response to new requirements have been given. In this study; the definition of confiscation, its legal characteristic, types, status in international agreements, conditions of application and confiscation courts and the enforcement of these verdicts have been examined. Furthermore, place have been given to different views in doctrine and solution proposals have been submitted to the problems arising during application, place have tried to be given to the applications of the Court of Appeals. Key Words: Confiscation, Types of Confiscation, Judgement, Enforcement.

Author

Mustafa Tünay

How to Cite

Mustafa Tünay (Master Thesis). Confiscation and confiscation judgement, 2014, Çankaya University.

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