What Is A Judicial Control Order?
The purpose of the judicial control measure is to ensure that the criminal proceedings can be carried out faster by means of control and supervision by getting rid of the heavy consequences of arrest. While issuing a judicial control decision, some obligations are also imposed on the suspect. These obligations are listed in order in Article 109 of the Criminal Procedure Code:
-A ban on leaving the country,
-Regularly applying to the places designated by the judge, again within the time limits set by the judge
-Pay the security amount set by the judge,
-Accepting and being subject to treatment or examination measures in order to get rid of addictions such as drugs or alcohol,
-Not to drive all or some types of vehicles, and to surrender the driver’s license to the pen if necessary,
-Not to possess or carry weapons, and to hand them over to the judicial custody when necessary,
-Not leaving the residence, a specific living area, not going to designated places or areas,
-Fulfillment of family obligations and assurance of alimony payments,
-Securing a specified amount of money to secure the rights of the victim,
-Complying with the summons of persons or authorities specified by the judge, and, where necessary, complying with control measures regarding occupation or education. The suspect against whom a judicial control order is issued will be obliged to comply with one or more of these control measures.
In the event that the suspect does not comply with the judicial control order, Article 112 of the Criminal Procedure Code is applied. Accordingly, the competent authority may issue an arrest warrant for the suspect who does not comply with the judicial control order, regardless of the duration of the prison sentence that may be imposed by the competent authority. As it is understood from the use of the phrase “may” in the law, it is left to the discretion of the competent authority whether or not to issue an arrest warrant.
It is also possible to issue a judicial control decision for the accused in some cases. According to Article 112/2 of the Criminal Procedure Code, the provision of the first paragraph may also be applied in case of failure to comply with the judicial control order issued due to the expiration of the maximum period of detention and failure to fulfill its requirements. Accordingly, in case of failure to comply with the judicial control order, the competent authority may immediately issue an arrest warrant, regardless of the sentence imposed.