Search and Seizure

Also known as: Search Warrant, Seizure, Digital Evidence, Computer Search, Forensic Imaging, CMK 134, Arama ve El Koyma

In short

Searches of homes, workplaces and belongings to obtain evidence or arrest a suspect in a criminal investigation, and seizure of items that may be evidence or subject to confiscation; special rules apply to computers and digital data.

A search is an examination of homes, workplaces and belongings to obtain evidence or arrest a suspect. Seizure is taking into custody items that may be useful as evidence or subject to confiscation (Code of Criminal Procedure Arts. 116-134). For companies, they are among the most consequential protective measures.

Search Order

As a rule, carried out on a judge’s order.
In urgent cases, a search may be carried out on the public prosecutor’s written order, and where the prosecutor cannot be reached, on a police chief’s written order; however, homes, workplaces and non-public enclosed spaces cannot be searched on a police chief’s order.
The order states the offence giving rise to the search, the person, place or item to be searched and the period of validity.
The results of a search conducted without a judge’s order are submitted for approval to the competent judge within twenty-four hours.

Searches at Companies and Law Offices

A company officer or representative may be asked to be present during a search at company premises.
Law offices may only be searched by judge’s order, under the supervision of the public prosecutor and with a bar representative present; documents relating to the professional relationship between lawyer and client are protected.

Seizure

Documents and devices constituting evidence are seized and recorded in minutes.
Real estate, rights and receivables (for example bank accounts) may also be seized.
For certain serious offences, if there is strong suspicion that the company’s activities are conducted within the offence, a trustee may be appointed to manage the company.

Digital Evidence

Searching, copying and seizing computers, software and files are subject to special rules (Art. 134). In practice, devices are imaged and the examination is done on the copy; a copy of the backup is given to the suspect on request. By a decision published in May 2026, the Constitutional Court annulled certain provisions of this rule on the ground that it lacked safeguards preventing alteration of seized or copied data and protecting evidence integrity and personal data. The annulment will take effect nine months after publication, in February 2027; new legislation is expected in the meantime.

Company Preparedness

As with a Competition Authority dawn raid, companies should have a response plan for criminal searches: reception and security instructions, reaching counsel, obtaining a list of seized documents and recording the process in minutes. The rights of the suspect and protection of personal data must also be observed.

Frequently Asked Questions

Is a court order required to search a company?

As a rule, a judge's order is required. In urgent cases, a search may be carried out on the written order of the public prosecutor; where the prosecutor cannot be reached, a written order of the police chief suffices, but searches of homes, workplaces and non-public enclosed spaces cannot be carried out on a police chief's order. Results of searches ordered by a prosecutor or police are submitted for a judge's approval.

How is data on computers examined?

Under the Code of Criminal Procedure, searching and copying computers and records is done by judicial order; all data is backed up and a copy is given to the suspect on request. The Constitutional Court annulled certain provisions of this rule in 2026; the annulment will take effect in February 2027.

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