A "River Exam" in the Route of the Justice: The Right To Property, The Institution of Postponement of Decleration of Conviction and the Confiscation

One of the oldest and most typical examples of interference in the right to property is regarding confiscation. Confiscation is an important and necessary tool for combating crime. However, an arbitrary or unjustified application of confiscation breaches the right to property. For this reason, it is important that confiscation is carried out in accordance with the requirements for the protection of the right to property. On the other hand, dissatisfaction with traditional criminal justice systems has led to the development of some institutions that foresee the damage of the victim. One of these options is the “postponement of declaration of conviction”, which has been accepted in the Turkish legal system. However, with the transfer of this institution to our legal system, various problems have emerged. In particular, the decision to confiscate together with the decision to the postponement of declaration of the conviction has significant consequences for the right to property. In this study, the effects and the consequences of the confiscation on the right to property have been discussed and addressed within the context of the postponement of the declaration of convictio