Özet:

It is of great theoretical and practical importance to establish the relation between the long existing provisions on confiscation in our legal order with those regulating the suspension of the pronouncement of the judgment, a relatively newer legal concept. Since a confiscation decision for goods and benefits requires a crime being committed, the confiscation decision cannot be rendered unless there is a final judgment, which determines the commitment of that crime. Accordingly, confiscation of goods and benefits cannot be imposed in cases where suspension of the pronouncement of the judgment is ordered, which results in no legal consequences arising from the relevant judgment on criminal conviction. On the other hand, the law provides for the confiscation of the property prepared to be used in the commitment of a crime, when such property is dangerous with regard to public safety, public health or general morals. Correspondingly, it is also possible to confiscate property without a final judgment on conviction, provided that its production, possession, use, transport, purchase and sale constitutes a crime

Anahtar Kelimeler: