What Is Forensic Control?
Judicial control is a protection measure regulated by Article 109 of the Code of Criminal Procedure and its continuation. If there are reasons for arrest in the investigation or prosecution being conducted, the court may decide to place the suspect under judicial control instead of arrest. In addition, provisions on judicial control may be applied in terms of crimes that are prohibited by the law from arrest. If a judicial control measure is applied, the judge or the court decides that the suspect or accused should be subjected to one or more of the obligations established by law.
What Are The Judicial Control Measures?
Judicial control obligations are considered in the law. These;
a) Inability to go abroad.
b) To apply regularly to the places determined by the judge within the specified periods,
c) To comply with the calls of the authority or persons specified by the judge and, if necessary, with control measures related to their professional activities or in matters of continuing education.
d) To be unable to use all kinds of vehicles or some of them and to submit the driver’s license to the pen in exchange for a receipt if necessary.
e) To be subject to and accept treatment or examination measures, including hospitalization, especially for the purpose of getting rid of alcohol dependence with drugs, stimulants or volatile substances.
f) Deposit an assurance amount to be determined by the judge at the request of the public prosecutor, taking into account the financial situation of the suspect, the amount and the payment periods in one or more installments at a time, or at the request of the public prosecutor.
g) Inability to own or carry a weapon, if necessary, hand over the owned weapons to the judicial trust in exchange for a receipt.
h) To bind the money to be determined by the judge at the request of the public prosecutor and the payment period to the same or personal security in order to guarantee the rights of the victim of the crime.
i) To provide assurances that he will fulfill his family obligations and regularly pay the alimony that he was sentenced to pay in accordance with judicial decisions.
j) Not to leave his residence.
k) Not to leave a certain residential area.
l) Not to go to the designated places or areas.
Which Authority Makes The Judicial Control Decision?
The authority authorized to make the judicial control decision is the Magistrate at the request of the Public Prosecutor at the investigation stage. In other words, the Criminal Court of First Instance or the Serious Criminal Court, which conducts the merits of the case at the trial stage of the prosecution, makes the judicial control decision.
How To Remove Or Change The Judicial Control Measure?
The judicial control measure may be requested to be abolished or amended. Accordingly, at the request of the suspect and defendant who request the removal or change of judicial control, the Magistrate’s Office at the stage of investigation and the court conducting the trial at the stage of prosecution shall decide on the request within 5 days after receiving the opinion of the Public prosecutor. The request to abolish or amend the judicial control measure is submitted from the Magistrate’s Office at the stage of investigation to the court conducting the main trial at the stage of prosecution.
Can The Judicial Control Decision Be Appealed?
The way of appeal against the judicial control decision is open. If the judicial control decision is read to the face of the suspect or accused, it can be appealed within a 7-day period from the date of reading the tafhim, that is, to the face, if the suspect or accused has been notified of the notification date. In case of non-objection, judicial control measures are finalized. However, at any stage of the investigation, the abolition of the judicial control measure may be requested. An example of a petition for an appeal against a judicial control decision is presented below.
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