Confiscation in Drug Crimes (TCK Article 54)

In drug crimes, confiscation (compulsion) not only of the substance; It results in the tools used in committing the crime and the profits obtained from the crime being transferred to the state. The legal basis is TCK art.54-55.

TCK Article 54 - Confiscation of Goods

• The items used in the commission of the crime or allocated to the commission of the crime are confiscated.
• The goods created or obtained by committing the crime are also subject to confiscation.
• Goods (drugs) whose production, use, transportation or sale constitute a crime shall be confiscated in all cases.

TCK Article 55 - Confiscation of Earnings

The material benefit obtained from crime and the economic gains resulting from its evaluation are confiscated. This includes cash, bank deposits, real estate, luxury vehicles and crypto assets obtained from drug sales.

Third Party Ownership — Limits

If the item used in the commission of the crime belongs to a third person:

• If it is proven that the third person is "good-natured" (not aware of the crime), confiscation will not be made.
• If there is a fault or conscious consent of the third party while using the item, confiscation is applied.
• In case of drug production in the residence of family members, the knowledge and fault of the relatives who own the residence are carefully examined.

Supreme Court 10th CD — Principle

10. CD requires that the confiscation be implemented in accordance with the principle of proportionality, that the "goodwill" investigation on third-party property be carried out with concrete evidence, and that the value determination be provided by an expert; Confiscation decisions based solely on guesswork are overturned.

Crypto Assets — The New Practice

For crypto assets (Bitcoin, USDT, etc.) obtained from drug sales:

• Wallet addresses and private keys are secured.
• Correspondence is made with the stock exchanges, the account is frozen.
• Value determination is made based on the TL equivalent at the time of the investigation.
• A physical search may be required when a key backed up to a cold wallet is found.

Objection and Refund Process