Sample Petition For Objection To Judicial Control Decision
………. TO THE CRIMINAL COURT OF PEACE ON DUTY
To Be Sent
……….. TO THE CRIMINAL COURT OF PEACE
Inquiry No: 2021/… Inquiry
Objection to Judicial Control
(Suspect) :………… (TC:…….)
Intervener : …………..
Subject :…… This is the presentation of our objections to the judicial control measure decision of the Criminal Judge of Peace dated …/…/2021 and numbered 2021/… Inquiry.
Explanations :
Within the scope of the file numbered 2021/… investigation of the ……… Chief Public Prosecutor’s Office, ……. Criminal Judgeship of Peace has issued a judicial control decision with the decision dated …/…/2021 and numbered 2021/… with the obligation to sign in one day a week. The said decision is unlawful and must be lifted upon objection and the suspect must be released unconditionally. Namely;
The suspect made a sincere statement both in his testimony at the prosecutor’s office and in his interrogation at the criminal court of peace and told the facts. It is clear that the elements of a crime have not been established against the suspect and that the crime subject to the investigation has not been committed by the suspect.
In addition, the suspect’s place of residence is fixed and there is no possibility of escape. Considering the fact that the suspect is not in danger of obscuring the evidence, the judicial control obligation of signing one day a week, which was ruled for the suspect, causes victimization of our client. For these reasons, the judicial control measure by signing, which is a measure limiting the freedom of the suspect, is an excessive measure and it has become necessary to request its removal on appeal.
Conclusion and Request :
For the reasons explained above, we respectfully request and demand that the judicial control measure against the suspect be REVOKED OBJECTIVELY and that the suspect be released unconditionally.
Suspect’s Counsel
……………………..
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