WHAT IS THE JUDICIAL CONTROL DECISION? - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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WHAT IS THE JUDICIAL CONTROL DECISION?

25 Feb WHAT IS THE JUDICIAL CONTROL DECISION?

Posted at 18:52h in INFORMATION by
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The purpose of the judicial control measure is to get rid of the serious consequences of the arrest and to ensure that the criminal trial can be carried out faster through supervision and supervision. A number of obligations are also imposed on the suspect when making a judicial control decision. These obligations are covered by CMK 109. in the article it is counted in the order:

-Prohibition of travel abroad,

-Regularly applying to the places determined by the judge, again within the periods determined by the judge

-Deposit the amount of security determined by the judge,

-To accept and be subject to treatment or examination measures in order to get rid of addictions such as drugs or alcohol,

-Not to use all kinds of vehicles or some of them, hand over the penned driver’s license if necessary,

-Not to own and carry a weapon, hand over weapons to judicial custody if necessary,

-Not to leave the dwelling, a certain zone of life, not to go to places or areas that have been designated,

-Ensuring the fulfillment of family obligations and payment of alimony,

-Securing the specified amount of money to ensure the rights of the victim,

-Compliance with the calls of persons or authorities specified by the judge, compliance with control measures on profession or education, if necessary. He will be under the obligation to comply with one or more of these control measures, which are considered suspicious, about which a judicial control decision has been made.

In the event that the suspect does not comply with the judicial control order, CMK 112 is applied. its provision is being implemented. Accordingly, the suspect who does not comply with the judicial control decision may be sentenced by the competent authority no matter how long the prison sentence may be, an arrest decision may be made. As it is clear from the fact that the law uses the phrase “may give”, it is left to the initiative of the competent authority to make an arrest decision or not.

It is also possible that a judicial control decision may be made about the accused in some cases. According to CMK 112/2, the provision of the first paragraph may also be applied in case of non-compliance with the judicial control decision made due to the expiration of the maximum period of detention and failure to fulfill its requirements. Accordingly, in case of non-compliance 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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