It is one of the judicial control measures applied against the suspected or guilty person in cases where the delay of criminal sanction against a person who is in a legally suspicious situation or has committed a crime is inconvenient. In other words, although there are reasons for arrest for persons suspected of committing a crime and persons who are certain to have committed a crime, the need to be imposed by the court instead of the arrest warrant is a measure.

Since the ban on travel abroad is an injunction against the suspect or the offender prior to the arrest, there should be strong suspicion about the person concerned about the person in question, the situation of escape, the suspicion of dimming the evidence. But could the ban on going abroad be lifted ? Who can be challenged for a ban on travel abroad ? Where is the court in charge of this? Are there decisions of the Supreme Court regarding the matter ? Now let’s all see the answer to these questions.

Reasons For The Ban On Going Abroad

After the amendment of the Constitution of the Republic of Turkey No. 5982 on 12 September 2010, regulations regarding the Prohibition of travel abroad were also made. In this context, this ban has been lifted for people who have been banned from going abroad due to tax debts in the past years and the ban on going abroad can only be restricted in cases of criminal investigation and prosecution and depending on the decision of the judge.

One of the most frequently asked questions on this subject is whether the person who has not fulfilled his duty of military service can go abroad. It is also useful to note that with the constitutional amendment referendum held on September 12, 2010, this situation has been eliminated and the ban on leaving abroad can only be limited in case of criminal investigation and prosecution, depending on the decision of the judge.

Lifting The Ban On Travel Abroad

The lifting of this ban may be carried out before the opening of the criminal case or after the opening of the criminal case in the process of prosecution as a result of the request of the prosecutor and the approval of the magistrate. This will be evaluated upon the application to be made as the lifting of the ban.

The lifting of the ban on travel abroad may be made by the official request of the suspect or the accused or by their lawyers. This application may vary according to the banning authority. If the ban is granted as a result of the investigation, an appeal can be made to the judge and a court if it is granted within the prosecution phase.

The time limit given by the legislator for lifting the ban on going abroad is 7 days. People who do not object to the ban within 7 days will not be able to request an appeal for this ban afterward. For detailed information or assistance regarding the Prohibition of travel abroad, you can contact an expert and experienced criminal lawyer in your field.