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Return with Guarantee, Objection and Protection of Property in accordance with Law No. 5607
Summary Seizure is a temporary measure applied for evidence security during an investigation; confiscation, on the other hand, is the permanent transfer of ownership to the state by a final court judgment. Goods that are not inherently illegal to possess can be returned to their owner before the end of judicial proceedings by depositing security equal to their full customs value; vehicles used in a crime can be returned by depositing security equal to 25% of their insurance value. Judicial seizures can be appealed to the Criminal Judgeship of Peace within 7 days, and administrative penalties can be appealed to the customs administration within 15 days.
Does Ownership of Seized Property Automatically Transfer to the State?
When goods or a vehicle are seized at customs, many people assume it's a permanent loss. However, seizure and confiscation are not the same; seizure is a temporary measure, and the goods or vehicle can be returned to the owner under certain conditions before the conclusion of legal proceedings. Lack of awareness of this distinction causes both individuals and logistics companies to miss deadlines and suffer losses that are difficult to remedy.
This guide addresses the difference between seizure and confiscation, the conditions for the return of goods and vehicles with security, appeal periods, and the risk of liquidation.
Seizure is a temporary measure applied by a court, prosecutor's office, or, in urgent cases, by the customs administration, to ensure the security of evidence during the investigation or prosecution phase; at this stage, ownership does not pass to the state, it is only suspended. Confiscation, on the other hand, is the permanent transfer of ownership of goods and vehicles used in a crime or obtained from a crime to the state by a final judgment of the court at the end of the criminal proceedings.
Pursuant to Article 10 of Law No. 5607, goods seized as the subject of a smuggling crime are delivered to the custody of the customs administration. Goods whose possession, production, or sale does not constitute a crime in itself (such as textile materials, commercial electronic products, luxury consumer goods) can be returned to their owner if security equal to their customs value is deposited, requested from the judgeship during the investigation phase, or from the court during the prosecution phase. If the defendant is acquitted at the end of the trial, the security is returned as is; in case of conviction, the security is recorded as revenue to the treasury.
In contrast, goods whose mere possession constitutes a crime, such as narcotics, smuggled weapons, counterfeit money, or cultural assets whose import is completely prohibited, are not returned to their owner, even with security; these products are subjected to destruction or transfer to public institutions.
The seizure of logistics vehicles, particularly international transport trucks and trailers, used in the transport of smuggled goods, poses a serious commercial risk for transport companies. To prevent this hardship, the legislator has made the return of vehicles subject to special conditions.
Pursuant to subparagraph (b) of the first paragraph of Article 13 of Law No. 5607, the vehicle is returned to its owner if security equal to 25% of the insurance value of the vehicle used in the crime is deposited with the relevant customs cashier's office. A judge's or court's decision is required to exercise this right; after the security is deposited, the vehicle is delivered to its owner to be operated, while the annotation preventing sale/transfer remains on it.
In cases where luxury vehicles brought from abroad are seized due to irregular invoices or Special Consumption Tax (ÖTV) declarations, the provisions of the regulation regarding the return of land vehicles seized due to underpaid customs duties are applied. The vehicle is returned to its owner if the underpaid customs duties, together with interest and penalties, as of the date of seizure, are paid. Making this payment within the legal period positively affects the course of the criminal case within the context of effective repentance provisions.
1. Seizure Customs Enforcement / Police Scene investigation report; goods are taken to bonded warehouse, vehicle is impounded in trustee's parking lot. Report
2. Valuation Customs Directorate / Expert Report on customs value or insurance value; security amount is officially determined.
3. Request for Return Criminal Judgeship of Peace or Criminal Justified petition and security receipt. Court
4. Delivery and Return Customs Enforcement Directorate Court decision for return; vehicle or goods are delivered to the owner with judicial endorsements.
Case Summary In a truck belonging to an international logistics company based in Mersin, 1000 packs of smuggled cigarettes were found hidden by the driver in the floor compartment of the trailer, concealed from customs officers. Customs enforcement teams seized both the cigarettes and the truck tractor and trailer, which had a high market value.
Trial and Proof Process The company proved that its owners were unaware of the crime and were in the position of good faith third parties, and by depositing security equal to 25% of the vehicle's insurance value with the customs cashier, ensured the prompt return of the truck to the company.
At the end of the trial, the driver was convicted, while it was ruled that the truck would not be confiscated and would be permanently returned to the company. Thus, the company's commercial activities were prevented from being halted.
Strict application periods are stipulated for those who believe their property or vehicle has been unlawfully seized by the customs administration or law enforcement. An appeal against a seizure order issued by a judgeship or applied by the prosecutor's office must be filed with the Criminal Judgeship of Peace with a written petition within 7 days from the date of learning. For administrative fines and seizure decisions issued under Customs Law No. 4458, an administrative appeal must be made to a superior customs officer or the Regional Customs Directorate within 15 days from the date of notification; if this appeal is rejected, a lawsuit must be filed in the Administrative Court.
What happens if the security is not deposited on time? If the security equal to 25% of the insurance value is not deposited within the legal period from the notification of the decision, the customs administration may include the vehicle in the liquidation (sale) procedure. Even if the case is won after the vehicle is liquidated, in-kind return is not possible; only a refund of the value can be obtained.
If I bought the vehicle in good faith, will it still be subject to seizure? Yes, the vehicle itself may be subject to seizure; however, a good faith buyer can get the vehicle back by paying the underpaid taxes and penalties and can claim damages against the seller through a separate recourse lawsuit. Attention: Common Mistakes in the Process Missing the appeal period: The 7 and 15-day periods are strict deadlines; missing these periods leads to the finalization of the decision and the risk of liquidation. Incorrect determination of security type: For goods, the full customs value is taken, and for vehicles, 25% of the insurance value is taken; confusing these proportions can lead to the rejection of the application.
The return of goods and vehicles seized at customs is a technical process requiring the simultaneous application of criminal law, administrative law, and customs legislation. A procedural error in petitions or insufficient presentation of arguments regarding the absence of intent can result in the permanent transfer of the property to state ownership or its liquidation.
Important Legal Notice: The legal explanations and case example contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the specific conditions of each case may alter the outcome, it is recommended to seek support from a lawyer experienced in customs and criminal law from the initial stages of the process. © 2026 Küheylan Law Firm. All Rights Reserved.
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