CRIMINAL COURT OF PEACE ON DUTY
FOR SUBMISSION
REPUBLIC ATTORNEY GENERAL’S OFFICE
…………….
INVESTIGATION NO:
SEIZED VEHICLE
REQUESTING THE RETURN OF :
PROXY :
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 licence 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, 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 offence were found in the vehicle.
3- My client is in an aggrieved situation in the event that the aforementioned vehicle has been seized. Because my client uses the vehicle in question in his own business.
4- The vehicle with the licence plate ………., which is alleged to have been used in the offence, 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 seizure will be carried out by annotating the registry in which the land vehicles are registered. Again, Article 132/5 of the Criminal Procedure Code 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 offence 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 judgement.
8- The client has a current and worth protecting 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 licence plate ………… belonging to the client, which has been confiscated, be lifted and the said vehicle be delivered to us as a principal in accordance with Article 131 of the Code of Criminal Procedure or as a trustee in accordance with Article 132/5 of the Code of Criminal Procedure.
Sincerely yours.
Requesting Attorney