SAMPLE PETITION FOR APPEAL AGAINST JUDICIAL CONTROL DECISION
ÇORLU CRIMINAL COURT OF PEACE ON DUTY
To Be Sent
SİLİVRİ CRIMINAL COURT OF PEACE
Enquiry No :2023/… Enquiry
Objection to Judicial Control
(Suspect) : ………… (TC:…….) Silivri/ISTANBUL
Defence Counsel : Av.
Subject : This is the presentation of our objections to the judicial control measure decision of the Silivri Criminal Judge of Peace dated …/…/2023 and numbered 2023/… Inquiry.
Explanations :
Within the scope of the Silivri Chief Public Prosecutor’s Office’s investigation file numbered 2023/…, the Silivri Criminal Judgeship of Peace issued a judicial control decision with the decision dated …/…/2023 and query numbered 2023/… in the form of an obligation to sign in one day a week. The said decision is unlawful and should be cancelled upon objection and the suspect should be released unconditionally. Namely;
The suspect made a sincere statement both in his statement at the prosecutor’s office and in his interrogation at the criminal court of peace and told the facts. It is clearly evident that the elements of the offence against the suspect did not occur and that the offence subject to the investigation was not committed by the suspect.
In addition, the suspect’s place of residence is fixed and there is no possibility of escape. Considering the fact that the suspect is not in danger of obscuring the evidence, the judicial control obligation of signing one day a week, which is ruled for the suspect, causes victimisation of our client. For these reasons, the judicial control measure by signing, which is a measure limiting the freedom of the suspect, is an excessive measure and it has become necessary to request its removal by objection.
Conclusion and Request :
For the reasons explained above, we respectfully request and demand that the judicial control measure against the suspect be REVOKED OBJECTIVELY and that the suspect be unconditionally released.
Defence Counsel for the Suspect