Petition For Objection To Judicial Control Decision
-SAMPLE PETITION-
ANKARA ( ) CRIMINAL COURT OF PEACE
(To be sent)
ANKARA ( ) CRIMINAL COURT OF PEACE
INQUIRY NO :
FILE INFORMATION :
Judicial Control Decision
Appellant Suspect :
ADDRESS :………
Defence Counsel :
ADDRESS :
TELEPHONE :
Alleged Offence : According to Article … of the Turkish Penal Code
Judicial Control Decision
Date Given :../../2021
SUBJECT OF THE REQUEST :
Your Honour Judge’s decision dated ../../2021, 2021/…….
OUR EXPLANATIONS :
Ankara ( ) Criminal Judgeship of Peace dated 16/08/2021, 2021/……. Inquiry (with the decision of Ankara CBS …………… Prosecutor’s Office dated ../../2021 and numbered 2021/….. Investigation No.), it was decided to take the suspect client under judicial control.
However, since the conditions necessary for the client to be placed under judicial control have not been established, we have come to the issue of objecting to the decision in question. Namely
CRIMINAL PROCEDURE CODE 109. Considering the Judicial Control Measure and the reasons listed in Article 109 of the Code of Criminal Procedure and its continuation, the necessary conditions for the issuance of a Judicial Control Decision for the client have not occurred. For this reason, your court should decide to lift the Judicial Control Decree and all of the sanctions in its content.
1. According to our law, in order to issue a judicial control decision, first of all, the conditions of detention listed in Article 100 of the Criminal Procedure Code must be fulfilled. However, as can be understood from the examination of the file, the conditions in Article 100 of the Criminal Procedure Code have not been fulfilled.
According to Article 100 of the Criminal Procedure Code, the conditions that can be accepted as a reason for arrest are “the existence of concrete facts that arouse the suspicion that the suspect or the accused will flee, hide or escape; the behaviour of the suspect or the accused creates strong suspicion of destroying, concealing or changing evidence, attempting to pressure witnesses, victims or others.” As a matter of fact, these conditions have not been fulfilled. The suspect has no suspicion of flight; he has a fixed place of residence. The suspect cannot obscure the evidence; the evidence has been submitted to the judicial authorities.
2. The judicial control decision is given as a precautionary measure. Considering the right to liberty and security of the person guaranteed under Article 5 of the ECHR and Article 19 of our Constitution, the decision in question, which was issued without any conditions, should no longer be considered as a measure, but as a punishment given to the suspect. This situation is contrary to procedure, law and even equity.
3. There are no facts indicating the existence of a strong suspicion of a criminal offence against the suspect client. The Judicial Control Decree is unjust and very heavy; it puts the client under heavy obligations and damages the client’s reputation. This situation puts the client and even his family in situations that will be difficult to compensate in the future.
4. The obligations imposed by the judicial control decision make the client’s daily life and business life very difficult. Even from this point of view, the judicial control decision is no longer a precautionary measure for both the client and his family; it becomes a punishment; it is against the procedure and the law.
In line with all these explanations, it is an excessive measure for the suspect client to remain under judicial control. As we requested at the hearing, it is necessary to decide to lift all of the obligations imposed on the suspect client with the judicial control decision.
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration ex officio,
1.Ankara ( ) Criminal Judicature of Peace 2021/……. The decision to be placed under judicial control given within the scope of the file with query number 2021/_COPY_COPY,
2. In case our request is rejected, we request by proxy that our file be sent to the competent authority for a decision to be made in line with our request. 19.08.2021
Requesting Lifting of Judicial Control Decision
Defence Counsel
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