03 Jan Decision Of Judicial Control
In the judicial control measure, the aim is to get rid of the severe consequences of arrest and to ensure that criminal proceedings can be carried out faster through supervision and supervision. A number of obligations are also imposed on the suspect when making a decision on judicial control. These obligations are CMK 109. the item are considered in the order in:
– Ban on going abroad,
– Applying regularly to the places determined by the judge again during the periods determined by the judge
– Deposit the amount of assurance determined by the judge,
– Accept and subject to treatment or examination measures in order to get rid of addictions such as drugs or alcohol,
– Do not use all kinds of vehicles or some of them, deliver the driver’s license to the pen if necessary,
– Do not possess and carry weapons, deliver weapons to judicial custody if necessary,
-Do not leave the residence, a certain area of life, go to designated places or areas,
– Ensuring payment of alimony by fulfilling family obligations,
– Binding a specified amount of money to security to secure the rights of the victim,
– Compliance with the calls of persons or authorities specified by the judge, compliance with control measures related to the profession or education, if necessary. It will be obliged to comply with one or more of these control measures, which are considered suspicious about which a judicial control decision has been made.
If the suspect does not comply with the judicial control decision, about CMK 112. his sentence is applied. Accordingly, an arrest warrant may be issued for a suspect who does not comply with the judicial control decision, regardless of the length of the prison sentence that can be sentenced by the competent authority. As can be seen from the use of the phrase “may give” in the law, it is left to the initiative of the competent authority whether or not to issue an arrest warrant.
In some cases, it is also possible to make a decision on the defendant. According to CMK 112/2 , the provision of the first paragraph may also be applied in case of failure to comply with the judicial control decision issued due to the expiration of the maximum detention period and failure to meet its requirements. Accordingly, in case of failure to comply with the judicial control decision, the Competent Authority will be able to make an immediate arrest decision regardless of the sentence imposed.
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