TCK Articles 54-55: Confiscation of goods that are tools or products of crime.
Types of Confiscation
- Goods that constitute the subject of the crime (Art.54)
- Goods used in the commission of the crime (Art.54)
- Proceeds of Crime (Art.55)
Typical Confiscation Cases
- Drugs, fake money, fake documents
- Tool used in theft
- Computer used in cyber crime
- Weapon of plunder
- Property obtained by fraud
3. Personal Protection
- The property of a well-intentioned third party cannot be confiscated
- He must prove that he does not know his relationship with the criminal
- Otherwise he loses the property
Confiscation of Crime Proceeds (TCK Article 55)
- Profits obtained from crime
- Exchange products of criminal proceeds (purchase of goods, etc.)
- Calculated amount confiscation
- Common in money laundering cases
Supreme Court 5. CD and CGK
5. CD and CGK adopt the need for "proportionality" and "protection of third party rights" in confiscation decisions.
Criminal defense is recommended.