What is a Judicial Control Order in Turkey?

WHAT IS A JUDICIAL CONTROL ORDER?

A judicial control order is defined in Article 109 of the Criminal Procedure Code as “In an investigation conducted due to a crime, if the reasons for detention specified in Article 100 exist, it may be decided to place the suspect under judicial control instead of detention.” For this reason, a judicial control order can be issued for a suspect or defendant if:

1. There are facts indicating the presence of strong suspicion of a crime,

2. There is a reason for detention,

3. The measure of detention is disproportionate in the specific case.

WHAT ARE THE MEASURES OF JUDICIAL CONTROL?

The measures of judicial control are listed in Article 109/3 of the Criminal Procedure Code as follows:

1. Not being able to leave the country. (This is the most frequently applied judicial control measure, where the suspect or defendant is notified via UYAP to prevent their escape.)

2. Regularly reporting to the places specified by the judge within the specified periods. (Known in practice as the obligation to sign. It is notified to the suspect or defendant by the Probation Directorate.)

3. Complying with the control measures regarding the calls of the authority or persons specified by the judge and, when necessary, concerning their professional activities or education.

4. Not being able to use all types of vehicles or some of them and, if necessary, surrendering the driving license to the court with a receipt.

5. Accepting and complying with the treatment or examination measures, including hospitalization, to get rid of addiction to drugs, stimulants, or volatile substances, or alcohol.

6. Depositing a security amount, the amount and payment terms of which will be determined by the judge upon the request of the prosecutor, considering the suspect’s financial situation.

7. Not being able to possess or carry weapons, and, if necessary, surrendering the owned weapons to the judicial custody with a receipt.

8. Depositing an amount to be determined by the judge upon the request of the prosecutor, to secure the rights of the crime victim, either as real or personal security.

9. Providing assurance that they will fulfill family obligations and regularly pay alimony they are ordered to pay by judicial decisions.

• Not leaving their residence.
• Not leaving a specific residential area.
• Not going to specified places or areas.

What is “Security” Among Judicial Control Measures?

Instead of detention, it can be decided that the suspect or defendant deposits a security amount. The amount of this security, whether it will be paid in one go or in installments, and the number and duration of the installments are determined by the judicial authority considering the financial situation of the suspect or defendant. The suspect or defendant who deposits the security must be present at all procedural acts they are ordered to attend, fulfill their obligations, and, if convicted, attend the execution of the sentence. Otherwise, the deposited security amount is recorded as revenue to the state treasury.

If the person ordered to deposit security has attended all procedural acts they were ordered to, fulfilled their obligations, and attended the execution of the sentence, the part of the security allocated to meet these obligations is refunded to them. The security is refunded to the suspect or defendant when a decision of non-prosecution or acquittal is made for the crime victim or the alimony creditor. In the case of a conviction, the remaining amount of the security is refunded.

WHICH AUTHORITY ISSUES THE JUDICIAL CONTROL ORDER?

A judicial control order is issued by the criminal court of peace upon the request of the prosecutor during the investigation phase. In the prosecution phase, the court is authorized to decide ex officio.

HOW TO APPEAL A JUDICIAL CONTROL ORDER?

The appeal is one of the ordinary legal remedies in criminal procedure and involves the examination of the decisions made by the court by a higher court. During the investigation phase, an appeal is made to the criminal court of peace within seven days from the day the person learns of the decision, by submitting a petition to the authority that made the decision or by making a statement to the court clerk to be recorded in the minutes.

WHO EXAMINES THE APPEAL AGAINST THE JUDICIAL CONTROL ORDER?

If an appeal is made against a judicial control order, the judge or court that made the decision corrects the decision if they find the appeal justified; if not, they send the decision within a maximum of three days to the authority authorized to review the appeal. The examination of appeals against decisions of the criminal court of peace is conducted by the next-numbered criminal court of peace; for the last-numbered court, it is conducted by the first-numbered court; if there is only one criminal court of peace, it is conducted by the criminal court of peace in the judicial district where the high criminal court operates; if there is only one criminal court of peace where the high criminal court is located, it is conducted by the nearest criminal court of peace where the high criminal court operates.

WHO CAN APPEAL AGAINST A JUDICIAL CONTROL ORDER?

The following can appeal against a judicial control order:

1. The prosecutor (if the request for the application of judicial control in the investigation phase is rejected),

2. The victim of the crime (against the rejection or lifting of the judicial control order)

3. The suspect and their defense lawyer,

4. The suspect’s legal representative and spouse can appeal against the decision.

FREQUENTLY ASKED QUESTIONS ABOUT JUDICIAL CONTROL ORDERS

Can the Suspect or Defendant Request a Change in the Content of the Judicial Control Order?

The criminal court of peace is authorized to lift or change the content of the judicial control order during the investigation phase, and the court is authorized during the prosecution phase. The suspect or defendant has the right to request the lifting or changing of the content of the judicial control order. In this case, the prosecutor’s opinion is sought before the decision is made. The judicial authority must make its decision within five days.

What Happens If the Suspect or Defendant Does Not Comply with Judicial Control Orders?

According to Article 112 of the Criminal Procedure Code, if the suspect or defendant deliberately fails to comply with the judicial control order, they will be detained by the competent and authorized judicial authority, regardless of the duration of the potential prison sentence. However, it should not be assumed that the order to detain those who fail to comply with the judicial control order removes all conditions for detention. Otherwise, the detention of those who fail to comply with the judicial control order would be a punishment rather than a measure. Therefore, the court will also examine whether the conditions for detention exist in the case of a violation.

Does a Judicial Control Order Appear on the Judicial Record?

A judicial record is kept by the General Directorate of Judicial Records and Statistics, containing information on finalized sentences and security measures. This record includes all conviction decisions obtained in Turkish and foreign courts. Therefore, judicial control orders are not recorded in the judicial record as they are not based on a finalized conviction.

What Are the Differences Between a Judicial Control Order and Probation?

Probation applies to individuals whose judgment is finalized, allowing them to leave prison with certain measures instead of restricting their freedom after serving a part of their sentence, to adapt to social life. Judicial control is a measure applied during the investigation and prosecution phases, restricting the freedom of the person still on trial with certain conditions instead of detention.

How to Change Address After a Judicial Control Order?

After a judicial control order, a change of address is requested from the relevant prosecutor’s office during the investigation phase, and from the court that made the decision during the prosecution phase. If the relevant authority approves, the provisions of the judicial control will continue at the notified address.

 

For more detailed information on the judicial control order and its appeal, please contact our office.