What Is The Judicial Control Decision And Its Application?
WHAT IS JUDICIAL CONTROL DECISION?
Judicial control decision is regulated in the Turkish legal system within the scope of Article 109 of the Criminal Procedure Law No. 5271. According to the law, judicial control is a practice regulated for the measure as an alternative method of arrest. The judicial control measure aims to control the suspect or defendant without removing him/her from his/her social environment in order to prevent the harmful consequences of arrest. There is an administrative procedure with a judicial decision issued with a judicial control decision. The criminal court or the Criminal Judgeship of Peace decides that the defendant must fulfil an administrative procedure, for example; to go to the police station to sign in, not to go abroad. The judge orders the defendant or suspect to fulfil one or more obligations.
WHICH PRACTICES ARE CARRIED OUT WITH THE JUDICIAL CONTROL MEASURE?
Within the scope of the judicial control decision, many different alternative measures are envisaged. When the conditions are met, the suspect or defendant is ordered to comply with the following judicial control measures. These measures are
Ban on leaving the country. – When it is decided to apply this measure to the suspect or defendant, the necessary authorities are immediately notified via the UYAP system.
Applying to the places determined by the judge within a certain period of time. – In practice, the signature obligation appears as a signature obligation. The person usually goes to the nearest police station to his/her place of residence and signs in the periods determined by the judge.
Implementation of measures for attendance to the calls of persons or authorities determined by the judge, professional endeavours or education.
Not to use any kind of vehicle or part of it, to surrender the driving licence. – The delivery of the driving licence is in return for a receipt. The judge may allow the suspect or defendant to drive a vehicle related to his/her work during this obligation.
Alcohol, drugs, etc., especially substance addiction, to comply with the treatment decision given for purification.
Payment of the amount of security determined once or in instalments, taking into account the financial situation of the person. – The financial situation of the person must be taken into consideration during the implementation of this measure. It is a very rare measure in practice.
Not to possess or carry weapons and to surrender them when necessary. – The delivery of the weapon is also in return for a receipt.
Failure to leave the residence.
Not leaving a certain settlement, not travelling to certain regions or places.
WHAT ARE THE JUDICIAL CONTROL APPLICATION CONDITIONS?
Judicial control conditions may generally vary according to the nature of the application decision to be given to the person under the law. Within the scope of the principle of proportionality, it is possible to apply to the judicial control decision and practices even if there is a reason for arrest. For this, a judicial control decision can be applied for sentences with an upper limit of less than two years. If it is considered that the measures taken against the possibility of the suspect’s escape will be insufficient, an arrest decision must be made.
Within the scope of the judicial control decision, different conditions have been determined for all applications stipulated in the Criminal Procedure Code. Depending on the type of application, different conditions and elements may be required. Therefore, the discretion of the judge is extremely important.
ELECTRONIC HANDCUFF APPLICATION WITH JUDICIAL CONTROL DECISION
Among the alternative measures taken for those released under judicial control, electronic handcuffs are quite common. Depending on the nature of the judicial control decision issued against the person, it is an application that allows the suspect to move within certain limits (home and home surroundings). In this measure, electronic handcuffs are attached after the area where the person can move freely is determined. Thanks to the electronic handcuff attached to the ankle of the person, his/her movements can be monitored continuously. In this way, it is possible to detect the person who leaves the area where he/she can move freely and to take the necessary action. An arrest warrant can be applied for persons who open the handcuff.
WHICH COURT MAKES THE JUDICIAL CONTROL DECISION?
Judicial control decision is a decision that can be made at two different stages of the judicial process. Within the scope of this decision, which is also applied in the investigation and prosecution processes, it can be decided by the criminal judge of peace or directly by the judge upon the request of the public prosecutor in the investigation phase. In the prosecution process, a decision can be made by the court conducting the trial. The criminal judgeship of peace, the criminal court of first instance, the juvenile court, the juvenile heavy criminal court, the juvenile heavy criminal court makes the necessary cautionary decisions about the judicial control decision and its implementation.
AT WHICH STAGE IS THE JUDICIAL CONTROL DECISION MADE?
According to the relevant article of the Criminal Procedure Code, it is possible to issue a judicial control decision at the investigation stage of the proceedings upon the request of the public prosecutor and the decision of the criminal judge of peace.
The judicial control decision can also be applied at the prosecution stage by the court in charge and authorised in the trial. In this respect, it is seen that the decision can be applied at all stages of the judicial process.
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