Under the Turkish Penal Code (TCK), confiscation comes into consideration if the vehicle has been “used” in the commission of a crime or if it is a vehicle in which proceeds from the crime have been stored or transported. The court evaluates the specific circumstances of the case, the fault of the parties, the significance of the vehicle, and the proportionality of the confiscation.

Ownership, possession, and assessment of fault are decisive. If the owner can demonstrate good faith and lack of knowledge regarding the crime, the chances of having the vehicle returned or objecting to confiscation increase. Documents, witnesses, and usage records are important in this process.

Can Confiscation Occur for a Vehicle Owned by Someone Else or Rented Out?

Law enforcement can carry out a seizure; according to the Criminal Procedure Code (CMK), the investigating authority or the court must make a decision regarding such seizure within a specific timeframe. (In practice, the time limits for judicial decisions and the available avenues for appeal are important.)

The timeframe for returning a vehicle depends on the nature of the investigation and the court’s assessment. In some cases, a return decision may be issued quickly, while in other cases, it may be necessary to wait until the completion of the trial process.

During the investigation stage, it is possible to file an objection to the seizure with the relevant criminal peace judge; during the prosecution stage, objections are followed either before the criminal court or through an appeal, depending on the circumstances. Legal petitions and supporting evidence must be prepared.

The court compares the value of the vehicle with the loss or proceeds obtained from the crime; it assesses whether the confiscation of the vehicle would result in a disproportionate outcome relative to the offense. Therefore, expert appraisal reports and economic analyses are important.