What Is Judicial Control?
WHAT IS JUDICIAL CONTROL?
Judicial control is a protection measure regulated under Article 109 et seq. of the Code of Criminal Procedure. In the presence of reasons for arrest in the ongoing investigation or prosecution, the court may decide to place the suspect under judicial control instead of arrest. In addition, provisions regarding judicial control may also be applied in terms of offences for which arrest is prohibited by law. İn case the judicial control measure is applied, the judge or court decides to subject the suspect or defendant to one or more of the obligations specified in the law.
WHAT ARE JUDICIAL CONTROL MEASURES?
Judicial control obligations are listed in the law. These are
a) Not being able to go abroad.
b) To regularly apply to the places determined by the judge within the specified periods,
c) To obey the summons of the authority or persons specified by the judge and, when necessary, to comply with the control measures concerning his/her professional endeavours or attendance to education.
d) Not being able to drive all kinds of vehicles or some of them and, when necessary, surrendering the driving licence to the pen in return for a receipt.
e) To be subject to and accept treatment or examination measures, including hospitalisation, especially in order to get rid of drug, stimulant or volatile substances and alcohol addiction.
f) To deposit a security amount, the amount of which and the terms of payment, either at once or in multiple instalments, shall be determined by the judge upon the request of the public prosecutor, taking into account the financial situation of the suspect.
g) Not to possess or carry weapons, and when necessary, to surrender the weapons to the judicial custody against receipt.
h) To bind the money, the amount and the payment period of which shall be determined by the judge upon the request of the public prosecutor, to an in-kind or personal guarantee in order to secure the rights of the victim of the crime.
i) To give assurances that he/she will fulfil his/her family obligations and regularly pay the alimony he/she is ordered to pay in accordance with judicial decisions.
j) Not to leave his/her residence.
k) Not to leave a certain residential area.
l) Not travelling to the designated place or areas.
WHICH AUTHORITY GIVES THE JUDICIAL CONTROL DECISION?
The authority authorised to issue the judicial control decision is the Criminal Judge of Peace upon the request of the Public Prosecutor during the investigation phase. In the prosecution, i.e. court phase, the Criminal Court of First Instance or the Serious Criminal Court, which conducts the merits of the case, makes the judicial control decision.
HOW CAN THE JUDICIAL CONTROL MEASURE BE LIFTED OR CHANGED?
It can be requested to lift or change the judicial control measure. Accordingly, upon the request of the suspect or defendant requesting the removal or modification of the judicial control, the Criminal Judgeship of Peace at the investigation stage and the court conducting the trial at the prosecution stage shall decide on the request within 5 days after receiving the opinion of the public prosecutor. The request for lifting or changing the judicial control measure is submitted to the Criminal Judgeship of Peace at the investigation stage and to the court conducting the main proceedings at the prosecution stage.
CAN THE JUDICIAL CONTROL DECISION BE APPEALED?
The judicial control decision can be appealed. If the judicial control decision is read to the face of the suspect or defendant, it can be objected within a period of 7 days from the date of interpretation, i.e. the date of reading to the face, or from the date of notification if it has been notified to the suspect or defendant. In case of no objection, judicial control measures are finalised. However, the removal of the judicial control measure can be requested at any stage of the investigation. An example of an objection petition to the judicial control decision is presented below.
You can access our other article examples and petition examples by clicking here.