Özet:

The confi scation, which has being implemented from the very ancient times in the criminal law, found as a type of sanction in almost all law orders, is a sanction arising the result of transferring the ownership to an establishment bearing the public character by terminating the ownership right of a person on a thing, under certain legal terms due to an offense committed. The confi scation, having its roots in the Roman law, has been considered as a sanction even more effective than the death penalty with the thought of individuals, who can accept the risk of dying for their ideals, can’t risk their family members into poverty behind them. One of the sanctions regulated under the title of “Security Measures” in the Turkish Penal Law is the confi scation too. The item used in committing a deliberate crime, allocated for committing the crime or arising out from the crime shall be confi scated. In the event of it is impossible, the confi scation of money equal to this value has been stipulated in the law. The law has adopted the basis of confi scating the revenue obtained by means of or through committing the crime in offenses committed for the purpose of interest in contemplation of committing an offense can’t be regarded as an income resource and can’t get away with the earnings obtained from the offense.It can be said that the law has regulated the establishment in the form of detailed and comprehensive in two separate articles as property confi scation and earnings confi scation, has also taken into account of the developments in contemporary penal law on the confi scation and has intended to render the confi scation as one of the most effective sanctions in the fi ght against crime

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