What Is The Judicial Control Decision?
The judicial control decision is regulated within the scope of the relevant article 109 of the Criminal Procedure Code No. 5271 within the Turkish legal system. According to the law, judicial control is a practice that is organized as an alternative method of arrest, as a precautionary measure. The judicial control measure aims to take the suspect or the accused under control without moving away from their social environment in order to prevent the harmful consequences of the arrest. There is an administrative procedure with a judicial decision issued together with a judicial control decision. It is decided by the criminal court or the Magistrate’s Office that the defendant will perform an administrative transaction, for example, he will go to law enforcement and sign, and not 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?
It is envisaged that many different alternative measures will be applied within the scope of the judicial control decision. When its conditions are established, it is decided that the suspect or defendant will comply with the judicial control measures specified below. These measures;
- A ban on traveling abroad. – when it is decided to apply this measure to the suspect or accused, the necessary authorities are immediately notified via the UYAP system.
- To apply to the places determined by the judge within a certain period of time. – in practice, it appears as a signature obligation. It is the fact that a person usually goes to the nearest law enforcement agency to the place of settlement and signs for the periods determined by the judge.
- Implementation of measures on the continuation of calls, professional activities or education of persons or bodies designated by the judge.
- Failure to use any type of vehicle or part of it, delivery of a driver’s license. – delivery of the driver’s license is in exchange for a written receipt. The suspect or defendant may be allowed by the judge to use vehicles related to his/her job during this obligation.
- Alcohol, drugs, etc. compliance with the treatment decision made to get rid of, in particular, substance abuse.
- Payment of the assurance amount, the amount of which is determined once or in installments, taking into account the material condition of the person. – during the implementation of this measure, it is necessary to take into account the material condition of the person. This is a very rare measure in practice.
- Not to have a weapon, not to carry it and to hand over the weapon if necessary. – the delivery of the weapon is also equivalent to a receipt for the pen.
- Non-abandonment of the existing housing.
- Not to leave a particular settlement, not to go to certain regions or places.
What Are The Conditions For Applying Forensic Control?
The terms of judicial control may generally vary depending on the nature of the application decision to be made to the person within the scope of the law. Even if there is a justification for arrest within the scope of the principle of proportionality, it is possible to apply for a judicial control decision and its application. For this, a judicial control decision on the person may be applied 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 warrant must be issued.
Within the scope of the judicial control decision, different conditions have been set for all the applications envisaged in the CMK. The emergence of different conditions and elements can be called depending on the type of application. Therefore, the judge’s discretion is extremely important.
Application Of Electronic Handcuffs By Judicial Control Decision
Among the alternative measures taken for those who have been released on the condition of judicial dec, electronic handcuffs are quite common. It is an application that allows the suspect to move within a certain limit (his home and home environment), depending on the nature of the judicial control decision made about the person. In this measure, the electronic clamp is installed after the area where the person can move freely is determined. Thanks to the electronic clamp attached to the person’s ankle, their movements can be monitored continuously. Thanks to this, it is possible to identify the person coming out of the area where he can move freely and to perform the necessary operation. 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 in two different legs 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 magistrate or directly by the judge at the request of the public prosecutor at the investigation stage. In the process of prosecution, it can be decided by the court conducting the trial. Magistrate Judge, Criminal Court, Juvenile Court, Criminal Court, children’s Criminal Court is the decision of judicial control and the application to make decisions about the necessary precautions.
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 request of the public prosecutor and with the wife of the magistrate at the investigative stage of the trial.
The judicial control decision can also be applied at the stage of prosecution, by the court in charge of the trial and by the competent court. In this aspect, it is seen that his decision can be applied at all stages of the judicial process.