Provisional Article 3
(1) Due to the crimes committed before 1/1/2009, persons who were sentenced by the enforcement of annulled Decree Laws No. 551, 554, 555 or 556 for the confiscation of infringing goods and final verdict not having been enforced yet; without consideration of the goods being preserved by the custodial office or the plaintiff or having been trusted to a third party for preservation under the Law No. 5271 of 4/12/2004 on
Penal Procedure, the public prosecutor’s Office located within the region of the court that gave the verdict shall issue a notification explaining the consequences. Such persons shall be notified of their right to request within one month for the returning of such goods by applying to the court. In case no request for returning is made by the owners within this duration or if the goods are not collected within one month of the court’s decision for returning, the court that gave the decision shall decide on the destruction of the goods upon request of the public prosecutor’s Office. The decision on destruction shall be sent to the public prosecutor’s Office for immediate enforcement.
(2) For the persons, who had been sentenced with the criminal provisions of the annulled Decree Laws No. 551, 554, 555 or 556 with a final verdict for returning of the goods and who have not collected their goods before the date of entry into force of this Article, although there is a decision by the court for returning such goods, without consideration of the goods being preserved by the custodial office or the plaintiff or having been trusted to another person for preservation according to Article 132 of the Law on Penal Procedure, the public prosecutor’s Office located within the region of the court that gave the verdict shall ex-officio issue a notification explaining the consequences and are asked to collect the goods within one month. In case the goods are not collected within this duration, the court that gave the decision shall decide on the destruction of the goods upon request of the public prosecutor’s Office. The decision on destruction shall be sent to the public prosecutor’s Office for immediate enforcement.
(3) The procedures of destruction under this Article shall be performed under the chairmanship of the public prosecutor by a committee comprised of the custody officer and two court clerks and a report shall be prepared. It shall be decided by the judiciary commissions to identify which court clerks will take place in the committee. No payment shall be made to the owner of the goods that are destroyed. Destruction costs shall be covered by the Treasury on the condition that they are collected from the owner of the goods as judiciary fees.