CRIMINAL COURT OF PEACE ON DUTY
FOR SUBMISSION
REPUBLIC ATTORNEY GENERAL’S OFFICE
................INVESTIGATION NO:
CONFISCATED VEHICLE
REQUESTING THE RETURN OF :
PROVISIONAL :
SUBJECT : …………
It is a request for the return of the vehicle.EXPLANATIONS
Within the framework of the investigation being carried out through the preparation file we have stated above, the vehicle with the license plate ……….. belonging to the client has been seized.
For the reasons we have explained below, we request that the confiscation decision regarding the confiscated vehicle belonging to the client be lifted and the vehicle be delivered to us. Namely
1- My client gave this vehicle to his friend, the suspect …………, to use temporarily upon his request.
2- My client has nothing to do with the investigation file. In addition, no goods, goods, etc. subject to the crime were found in the vehicle.
3- My client is victimized by the fact that the aforementioned vehicle has been seized. Because my client uses the vehicle in question for his own business.
4- The vehicle with the license plate ………., which is alleged to have been used in the crime, is registered in traffic and it is not necessary to determine any evidence on the vehicle during both the preparatory investigation and prosecution phases.
5- In addition, Article 128/4 of the Criminal Procedure Code stipulates that the confiscation process will be carried out by annotating the registry in which the land vehicles are registered. Article 132/5 of the Criminal Procedure Code also stipulates that the seized goods may be delivered to the suspect, defendant or another person for safekeeping.
6- Therefore, in the face of these clear provisions of the law we have mentioned, there is no public interest in keeping the vehicle in question under custody.
7- It is not possible to use the confiscated vehicle as evidence in the crime subject to trial. In the event that the vehicle is delivered to us, there is no such situation as not being delivered as soon as requested. There is no evidence on the vehicle that would enlighten the trial.
8- The client has a current and worthy of protection legal interest in the Court’s lifting the confiscation order and returning the vehicle to the client.
CONCLUSION OF THE REQUEST :
For the reasons presented and explained above and to be taken into consideration ex officio, I request that the decision to confiscate the vehicle with the license plate ………… belonging to the client, which has been confiscated, be lifted; I request that the said vehicle be decided to be delivered to us as a principal in accordance with Article 131 of the Criminal Procedure Code or as a trustee in accordance with Article 132/5 of the Criminal Procedure Code.
Sincerely yours.
Requesting Attorney
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