Confiscation of assets is one of the most severe judicial protection measures in Turkish criminal investigations. It allows the state to temporarily or permanently seize a suspect’s property to prevent criminal gains, protect victims’ rights, or ensure compliance with the judicial process. Governed primarily by Article 128 of the Turkish Criminal Procedure Code (CMK), this measure affects not only the accused but also companies, business partners, and even family members.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers represent individuals and corporations facing asset freezes or seizure demands in criminal cases. This guide outlines the procedural rules under CMK 128, practical risks, and defense strategies in the face of judicial confiscation in Turkey.
Legal Framework: What Does CMK 128 Regulate?
Article 128 of the Turkish Criminal Procedure Code (CMK) provides prosecutors and courts the power to seize assets such as money, real estate, vehicles, bank accounts, company shares, and even digital assets like cryptocurrencies—if there is “strong suspicion” that these assets are linked to a crime or were obtained unlawfully.
This article applies to crimes punishable by more than six months of imprisonment, and the asset must be demonstrably connected to the suspected offense. Importantly, the law allows seizure not only of property directly obtained through crime but also of assets used in the commission of the crime or likely to be used to continue the criminal conduct.
Which Assets Can Be Confiscated?
- Bank accounts and financial instruments
- Real estate (houses, commercial property, land)
- Vehicles, boats, and machinery
- Cryptocurrency holdings (if traceable)
- Company shares and business-related assets
- Mobile phones, laptops, or other data-storing devices
Confiscation can target not only the suspect’s personal assets but also assets held in the name of third parties—such as spouses, children, or companies—if prosecutors believe they are being used to hide criminal profits.
Who Has the Authority to Order Confiscation?
Under CMK 128, asset seizure can only be executed by a judge. The public prosecutor may request the measure, but it must be approved by a criminal court of peace. In urgent cases, prosecutors may impose temporary seizures, but they must apply to a judge for confirmation within 24 hours. Failure to do so automatically lifts the seizure.
The request must be detailed and specific. Courts require a clear link between the asset and the crime. Generic or speculative requests are frequently rejected. The seizure order must include:
- Description of the asset
- The alleged criminal offense
- Justification for the connection between the asset and the offense
- Evidence supporting the request
How Is the Confiscation Executed?
Once approved, the court order is sent to relevant enforcement units:
- Banks are notified to freeze accounts
- Land Registry freezes transfer or sale of real estate
- Motor Vehicle Registry places restriction notices on vehicles
- Cryptocurrency platforms or IT forensics may be used to lock wallets
- Companies may be blocked from transferring shares or assets
Our Turkish Law Firm works closely with clients to identify frozen assets, file timely objections, and coordinate with financial and administrative bodies to minimize business disruption.
Legal Remedies Against Confiscation Orders
There are multiple ways to challenge asset seizures in Turkey:
- Objection to Criminal Judgeship: Within 7 days of the decision
- Application for Review: With updated documentation or newly discovered facts
- Appeal at higher court: If objection is rejected, based on procedural or substantive grounds
We assist clients in preparing detailed petitions, evidence dossiers, and constitutional complaints when necessary. In some cases, partial unfreezing is possible—such as releasing funds needed for living expenses, legal fees, or company payroll.
What If the Assets Belong to a Third Party?
Asset confiscation can affect individuals who are not under investigation, especially if assets are registered in their names but suspected to be controlled by the accused. Spouses, adult children, or shell companies may find their property frozen if the prosecution proves the assets are linked to the offense.
Third parties may file an independent claim to recover their property. However, they must provide clear documentation of ownership and demonstrate that the asset is unrelated to the alleged crime.
Real Case Examples
- 🇷🇺 A Russian businessman's real estate in Istanbul was frozen under suspicion of laundering. With proper documentation and tax filings, the seizure was lifted within 3 weeks.
- 🇬🇧 A UK citizen’s bank account in Turkey was frozen due to alleged crypto transfers. After court review, the funds were partially released for tuition and medical costs.
- 🇩🇪 A German-owned Turkish company had its warehouse seized in an organized smuggling investigation. Court lifted seizure for unrelated business equipment.
Frequently Asked Questions (FAQs)
- Can a prosecutor freeze assets without a judge? Only temporarily—and it must be approved by a judge within 24 hours.
- Is bank secrecy lifted during investigations? Yes. Prosecutors may access bank records if court-approved.
- Can business operations continue during asset freeze? In some cases. Partial releases may be negotiated for payroll or essential activities.
- Can cryptocurrency be seized? Yes, if wallets are identified and linked to the crime.
- Can confiscation be appealed? Absolutely—through objection, appeal, or constitutional review.
Contact Our Criminal Defense Lawyers in Turkey
If you or your business is facing asset confiscation in a Turkish criminal investigation, early legal intervention is critical. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers act quickly to protect your property, defend your rights, and restore access to your assets. Our Turkish Law Firm has extensive experience in managing urgent asset seizure situations involving both individual and corporate clients.