The holding of a vehicle or goods in a smuggling file does not mean that the owner has also committed an offense. A rental company, a financial leasing institution, a buyer, a carrier or a person who has left property with someone else may have to act to protect the right of ownership, even if they are outside the investigation. A return request must be built not only on whom the property belongs to, but on why it is being held and whether it has been sold.
Short answer: There are limits on confiscation with regard to the property of a good-faith third party; however, not every claim of good faith automatically secures delivery. Lifting the judicial measure, the vehicle-specific security and delivery conditions in Law No. 5607, and the actual release procedures at customs are assessed separately. [1, 2, 3]
The first distinction in a return request: goods or a means of transport?
An imported car that is the subject of the offense and a truck alleged to have been used to carry smuggled goods are not in the same position. In the first, the lawfulness of the import and whether the car itself is the subject of the offense are discussed; in the second, the connection of the means of transport with the offense and the special conditions of confiscation are discussed. The provisions of Articles 10 and 13 of Law No. 5607 concerning means of transport cannot be applied in the same way to every imported-car file. [1]
Before a return request, the license plate, chassis and engine details of the vehicle, and the brand, model, serial number and quantity of the goods must be identified. If the same file contains goods belonging to different owners, entitlement must be shown separately for each item. A general request for “the return of all our goods” may fall short for products whose ownership is disputed.
Under Article 131 of the CMK, the return of goods that no longer need to be kept in custody or that turn out not to be subject to confiscation may be requested. When deciding, it should also be assessed whether the preservation of evidence can be achieved by a milder method. A sample, photographs, an examination report or a registry record may in some cases be an alternative to continued physical holding; whether this is sufficient depends on the particulars of the file. [3]
What protection does a good-faith third party enjoy?
Article 54/1 of the TCK provides for the confiscation of certain items on condition that they do not belong to a good-faith third party. For this reason, whether the owner knew of the offense, through which relationship the property was handed over, and the consistency between the apparent registration and actual use are important. However, Article 54/4 applies separately to goods whose production, possession, use, carriage, acquisition or sale constitutes an offense; a claim of good faith alone cannot secure the delivery of every prohibited item. [2]
A title document is an important starting point. Even so, the name written on the registration certificate does not resolve all questions about actual ownership and de facto power of disposal. Who paid the sale price, when delivery took place, who benefited from the vehicle and why the registration was not changed may be examined. It must be assessed whether there is concrete evidence refuting the owner’s good faith; the burden of proof cannot be entirely reversed so as to treat the owner as if obliged to prove innocence.
A favorable decision concerning a rented vehicle
In its decision of February 9, 2026, E. 2025/5779, K. 2026/1375, the 7th Criminal Chamber of the Court of Cassation (Yargıtay 7. Ceza Dairesi) upheld the defendant’s conviction but reversed the ruling on confiscation of the vehicle. The vehicle had been used within a rental relationship; it was found that there was no evidence that its owner handed over the vehicle knowing it would be used in the offense, or evidence showing bad faith. [5]
This decision does not say that every rented vehicle will necessarily be returned. The genuineness of the rental relationship, the delivery records and the owner’s knowledge are examined in the specific case. For this reason, it is important to keep the rental agreement, payment, identity verification and delivery records consistently.
A decision where invoking the registered owner was not sufficient
In the January 24, 2024, E. 2023/2174, K. 2024/843 decision of the same Chamber, by contrast, it was found that although the vehicle was registered in another person’s name, it had been sold to the defendant and was in fact in his use. Taking into account also the weight of the smuggled tea carried in the load, the ruling on return of the vehicle was found unlawful. [6]
The difference between the two decisions arises not merely from the title of the registration certificate or the contract, but from the actual ownership and use relationship. While submitting favorable documents, a return file should also explain the payment, transfer and use records that contradict them.
Under what conditions can a vehicle carrying smuggled goods be confiscated?
Article 13 of Law No. 5607 sets special conditions for means of transport knowingly used, or attempted to be used, in carrying smuggled goods. At least one of the alternatives set out in the Law must be present: [1]
• The goods are hidden or carried in a special concealed compartment that facilitates the offense or prevents its detection.
• The goods make up the whole or the predominant part of the vehicle’s load in terms of quantity or volume, or their carriage requires the use of this vehicle.
• The entry into or exit from Türkiye of the carried goods is prohibited, or the goods are harmful to public or environmental health.
These conditions are considered together with the protection of the good-faith third party in the TCK and the applicable proportionality review. Article 54/3 of the TCK regulates cases where the confiscation of an item used in the offense would produce a heavier consequence than the offense committed and would be contrary to equity. Categorical statements such as “a vehicle cannot be confiscated if it is expensive” or “if there is a concealed compartment, the owner is not heard at all” are not correct. [1, 2]
Can a detained vehicle be recovered by providing security?
Article 10/1 of the Law provides that vehicles used in carrying smuggled goods are to be seized under Article 128/4 of the CMK. In this arrangement, the annotation in the registry is important. By contrast, under the conditions set out in Article 10/2 the vehicle is actually detained: among these are the case of a special concealed compartment, not being registered in Türkiye, or being used again in smuggling while the investigation and prosecution are ongoing. [1]
For a vehicle detained in this scope, return to its owner is provided for if its value is delivered to the customs administration as security within 30 days from the date of detention. Otherwise, liquidation comes onto the agenda without awaiting the outcome of the investigation and prosecution. The type and amount of the security, its registration in the file and the delivery procedure must be clarified in writing with the relevant administration; merely stating a wish to provide security does not take the place of the payment requirement. [1]
The statutory value criterion is the comprehensive insurance (casco) value for a land vehicle; the value on which hull and machinery insurance is based for a sea vessel; and the market value for an uninsured vehicle and for air and rail vehicles. If the valuation report is wrong, concrete documents relating to it should be submitted. Delivery against security does not mean acquittal or a bar to final confiscation; the remaining effects of the measure must be clarified separately. [1]
The different 30-day and 90-day periods
| Situation | Start and period | What must be done |
|---|---|---|
| Vehicle detained under Article 10/2 of Law No. 5607 | 30 days from detention | Delivery of the statutory value as security |
| Vehicle seized and actually delivered, but not detained under Article 10/2 | 90 days from the customs notification | Taking delivery after the custody and other costs are covered |
| Failure to take delivery of goods ordered returned | 30 days from notification of the delivery summons | Delivery procedures under Article 177/2-b of Law No. 4458 |
Each of these periods is tied to a different event. They should not be used in the form of “I have 30 days to object.” The time limit for legal remedies under the CMK against the seizure decision and the period for objecting to the customs administration may continue to run separately. [1, 3, 4]
There is a special rule for sea vessels in Article 11/3 of Law No. 5607. For a sea vessel detained and delivered to customs under this scope, liquidation is not resorted to as long as the custody and compulsory maintenance costs at the designated port are borne by the owner or the shipowner. This exception cannot be generalized to all vehicles or to every dispute concerning a sea vessel. [1]
What should the buyer, the financial lessor and a foreign owner do?
The purchase or rental relationship must be shown with a clear timeline. In particular, documents from before and after the incident should be separated; it should not be assumed automatically that a document issued later proves the earlier period. The sale, rental and financial leasing agreements, and the payment, delivery, registration and insurance records may be submitted together.
For a foreign owner, the foreign registration certificate, company record, proof of representation and the usability of the power of attorney in Türkiye are checked. The need for translation or certification is determined according to the document. That a vehicle not registered in Türkiye may fall under Article 10/2 does not remove the foreign owner’s good-faith protection; the physical measure and final confiscation are examined separately.
In past-period vehicle files concerning underpayment of customs duties, there may be special temporary return arrangements. For example, the periodic possibilities in provisional Articles 10 and 11 of Law No. 5607 are limited by their period and the events they cover. Old arrangements involving payment of the special consumption tax (ÖTV) should not be presented today as a clear “amnesty” or a continuing return route for all vehicles. [1]
How is delivery completed after a return decision?
It must be verified which property the decision covers, its enforceability, the finality record if required, and that it has been sent to customs. The procedural rights of a third party affected by the confiscation review under Articles 256–258 of the CMK must also be observed. The return decision in the court file and the documents required for actual delivery from customs do not take the place of one another. [3]
Article 16/3 of Law No. 5607 states that the implementation of return decisions will be handled in accordance with the customs and foreign trade legislation. Accordingly, return does not permit unrestricted use of the vehicle in Türkiye or automatic exemption from taxes. The regime of the goods, existing debts and permit conditions are assessed separately. [1]
At delivery, a comparison with the initial inventory should be made; damage, shortages, and differences in mileage or equipment should be written in the record. Specifying the disputed items helps protect rights without unnecessarily delaying taking possession of the property. If the property has been sold, the conditions for a claim for its price, interest and, if necessary, damages are examined instead of delivery in kind.
Conclusion
In the return of vehicles and goods, the title document, the connection with the offense, the need for custody and the liquidation stage must be assessed together. Protecting the good-faith owner is important; however, this protection must be explained with the concrete relationship and documents. In particular, following the special delivery periods of 30 and 90 days separately from the judicial and administrative application periods is decisive for being able to apply before the property is sold.
Related articles: Seizure, Detention and Confiscation at Customs: Differences and Routes of Challenge; When Does a Customs Violation Constitute the Offense of Smuggling? Defense under Law No. 5607; Disposal and Sale of Goods at Customs: Recovering the Goods and Claims for Their Price; Customs Penalty and Detention of a Foreign-Plated Vehicle: Appeal and Recovery of the Vehicle.
Frequently Asked Questions
If the owner of the vehicle is not a defendant, is the vehicle necessarily returned?
No. The good faith of the third party, the connection of the vehicle with the offense and the conditions of the applicable measure are examined. Not being a defendant does not by itself bring the whole review to an end.
What can be done if the owner of a rented vehicle had no knowledge of the offense?
Return may be requested by establishing good faith through rental, delivery, payment and use records. Evidence to the contrary regarding the owner’s knowledge is assessed separately.
Is it sufficient that the registration certificate is in my name?
The registration certificate is important evidence; however, it is examined together with the actual sale and use relationship. If the vehicle has in fact been sold, registered ownership alone may not be sufficient.
Does providing security mean admitting the offense?
Security is the instrument provided in the relevant regulation for delivery of the vehicle. By itself it does not produce a conviction or an acquittal; the defense is conducted separately.
Is the security calculated on the sale price for every vehicle?
No. Article 10/5 of Law No. 5607 sets the casco, hull and machinery insurance value or market value criteria according to the type of the vehicle and its insurance status.
Does the 90-day period apply to all seized vehicles?
No. It is for the special case in Article 10/3. It must not be confused with the 30-day security arrangement for vehicles detained under Article 10/2.
Can the owner of a foreign-plated vehicle request its return?
Yes. The owner can apply with documents of entitlement and representation. The foreign registration status may affect physical detention; the conditions for final confiscation are examined separately.
Does a court’s return decision remove customs duties?
It does not remove them automatically. In implementing the return decision, the procedures required under the customs and foreign trade legislation are completed.
What should be done if the vehicle is damaged at delivery?
A comparison with the initial records should be made and the damage entered in the record. Photographs, technical reports and expense documents are used in the later assessment of compensation.
If the vehicle has been sold, can the former owner take it back directly from the buyer at the auction?
The legal situation of the sale and of the auction buyer is examined separately. A favorable result in the criminal file does not automatically invalidate a completed sale; claims for the price and other claims may arise.
Sources and legal bases
- Law No. 5607 on Combating Smuggling (Kaçakçılıkla Mücadele Kanunu), in particular Arts. 10, 11/3, 13, 16/3 and provisional Arts. 10–11. Amendment to Art. 10: Law No. 7341, Art. 13.
- Turkish Criminal Code No. 5237 (Türk Ceza Kanunu), Art. 54.
- Criminal Procedure Code No. 5271 (Ceza Muhakemesi Kanunu), Arts. 128/4, 131, 256–258 and 267–269.
- Customs Law No. 4458 (Gümrük Kanunu), Arts. 177/2-b and 242.
- Court of Cassation 7th Criminal Chamber (Yargıtay 7. Ceza Dairesi), E. 2025/5779, K. 2026/1375, February 9, 2026, full text of the decision.
- Court of Cassation 7th Criminal Chamber (Yargıtay 7. Ceza Dairesi), E. 2023/2174, K. 2024/843, January 24, 2024, full text of the decision, reasoning on actual ownership of the vehicle, the nature of the load and confiscation.