WHAT IS A JUDICIAL CONTROL DECISION?
The judicial control decision is regulated within the Turkish legal system within the scope of the relevant Article 109 of the Criminal Procedure Code No. 5271. According to the law, judicial control is an application organized for precautionary measures, as an alternative method of arrest. The judicial control measure aims to take control of the suspect or accused without moving away from their social environment in order to prevent the harmful consequences of arrest. There is a question of implementing an administrative procedure by a judicial decision, which is accompanied by a judicial control decision. By the criminal court or the Criminal Magistrate, it is decided that the accused will fulfill an administrative transaction, for example, go to the law enforcement agency and sign, not to go abroad. It is decided by the judge that the defendant or suspect fulfills one or more obligations.
WHAT APPLICATIONS ARE MADE WITH THE JUDICIAL CONTROL MEASURE?
Within the scope of the judicial control decision, it is envisaged to implement many different alternative measures. When the conditions are met, it is decided that the suspect or accused complies with the judicial control measures set out below. These measures are;
A ban on going abroad. – when it is decided to apply this measure on the suspect or accused, the necessary authorities are informed immediately through the UYAP system.
To make an application to the places determined by the judge within a certain period of time. – in practice, it appears as a signature obligation. The person usually goes to the nearest law enforcement office to the settlement and signs with the deadlines set by the judge.
Application of measures on the calls of persons or authorities determined by the judge, continuing their professional pursuits or education.
Not to use any kind of vehicles or part of them, to hand over the driver’s license. – the delivery of the driver’s license is in exchange for a receipt to the pen. The judge may allow the suspect or defendant to use vehicles related to his work during this obligation.
Alcohol, drugs, etc. compliance with the treatment decision given to get rid of, especially substance addiction.
Paying the amount of the guarantee, the amount of which is determined once or in installments, taking into account the financial situation of the person. – during the implementation of this measure, it is necessary to take into account the financial situation of the person. It is a very rare measure in practice.
Non-possession of weapons, non-transportation and delivery of weapons if necessary. – the delivery of the weapon is also in exchange for a receipt for the pen.
The existing housing should not be abandoned.
Not to leave a certain settlement, not to go to certain regions or places.
WHAT ARE THE CONDITIONS FOR APPLYING JUDICIAL CONTROL?
Judicial control conditions may generally vary according to the nature of the application decision to be given to the person within the scope of the law. Within the scope of the principle of proportionality, even if there are grounds for arrest, it is possible to apply for judicial control decisions and applications. For this, a judicial control decision may be applied against a person for sentences with an upper limit of less than two years. Considering that the measures taken against the possibility of escape of the suspect will be insufficient, an arrest decision should be made.
Within the scope of the judicial control decision, different conditions have been determined for all applications provided for in the Criminal Procedure Code. Depending on the type of application, different conditions and the occurrence of elements can be searched for. Therefore, the discretion of the judge is extremely important.
APPLICATION OF ELECTRONIC HANDCUFFS BY JUDICIAL CONTROL DECISION
Electronic handcuffs are quite common among the alternative measures taken for those who are released under the condition of judicial control Decisively. It is an application that allows the suspect to move within a certain limit (his house and home surroundings) according to the nature of the judicial control decision made about the person. In this measure, an electronic clamp is attached after determining the area where a person can move freely. Thanks to the electronic clamp attached to the person’s ankle, their movements can be monitored continuously. In this way, it is possible to identify the person who comes out of the area where he can move freely and apply the necessary procedure. An arrest warrant can be applied for people who open the handcuffs.
WHICH COURT MAKES THE JUDICIAL CONTROL DECISION?
A judicial control decision is a decision that can be made at two different stages of the trial process. Within the scope of this land, which is also applied in the investigation and prosecution processes, a decision may be made by a criminal magistrate or directly by a judge at the request of the public prosecutor during the investigation phase. In the prosecution process, a decision can be made by the court that is conducting the trial. The criminal court of peace, the criminal court of first instance, the high criminal court of the juvenile court, the high criminal court of the juvenile court make the necessary precautionary decisions on the judicial control decision and its implementation.
AT WHAT STAGE IS THE JUDICIAL CONTROL DECISION MADE?
According to the relevant article of the CMK law, it is possible for the suspect to make a judicial control decision at the investigation stage of the trial at the request of the public prosecutor and with the profit of the criminal magistrate.
The judicial control decision can also be applied at the prosecution stage by the court charged and authorized in the trial. In this aspect, it is seen that the decision can be applied at all stages of the trial process.
