What is a Judicial Control Measure? (CMK 109)
A judicial control decision is a criminal procedure measure applied instead of an arrest decision by placing the suspect or defendant under supervision despite the existence of arrest reasons.hat is a Judicial Control Measure? (CMK 109)
A judicial control decision is a criminal procedure measure applied instead of an arrest decision by placing the suspect or defendant under supervision despite the existence of arrest reasons. Instead of an arrest measure, the judge releases the suspect or defendant under supervishat is a Judicial Control Measure? (CMK 109)
A judicial control decision is a criminal procedure measure applied instead of an arrest decision by placing the suspect or defendant under supervision despite the existence of arrest reasons. Instead of an arrest measure, the judge releases the suspect or defendant under supervision with a “judicial control condition”. The judicial control measure ensures that the suspect or defendant is taken under control by a judicial decision, but through an administrative means (such as signing, ban on traveling abroad, etc.) The judicial control measure can only be decided by the criminal court (CMK art.110).
The crimes provided for in the Criminal Procedure Law, which prohibit arrest (CMK art.In terms of 100/4), in other words, the provisions of the judicial control measure may also be applied for crimes whose upper limit requires a prison sentence of less than 2 years.
Arrest is the most severe criminal procedure measure applied to a person under suspicion of a crime. The judicial control measure is an alternative way to control the suspect or accused in social life, which is envisaged in order to prevent some of the inconveniences caused by the arrest.rrest is the most severe criminal procedure measure applied to a person under suspicion of a crime. The judicial control measure is an alternative way to control the suspect or accused in social life, which is envisaged in order to prevent some of the inconveniences caused by the arrest. In addition, provisions related to judicial control may also be applied to those who have been released due to the expiration of the periods of detention provided for in the laws.
Judicial control and probation should not be confused with each other. The probation law is applied during the execution of a finalized sentence. The judicial control measure is applied while the trial is ongoing, that is, at a stage when the sentence has not yetudicial control and probation should not be confused with each other. The probation law is applied during the execution of a finalized sentence. The judicial control measure is applied while the trial is ongoing, that is, at a stage wheJudicial control and probation should not be confused with each other. The probation law is applied during the execution of a finalized sentence. The judicial control measure is applied while the trial is ongoing, that is, at a stage when the sentence has not yet been finalized. Although probation and judicial control measures are separate institutions, they are followed up by the probation directorate, which causes the concepts to be confused in practice.
Petition of Appeal against Judicial Control Decision
.……. TO THE JUDGE OF THE CRIMINAL COURT
suspicious :
TURKISH IDENTIFICATION NUMBER :RKISH IDENTIFICATION NUMBER :
ADDRESS TURKISH IDENTIFICATION NUMBER :
ADDRESS :
DEFENSE ATTORNEY :
ADDRESS :
CHARGED CRIME : Theft
JUDICIAL CONTROL
THE DECISION
DATE OF ISSUE : …/…/…
SUBJECT : This is our Objection to the Judicial Review Decision.
descriptions :
1-) About our client …/…/… the client on the date ….for allegedly shoplifting at his home …… Criminal Court’s …/… E . …/… K. About our client …/…/… the client on the date ….for allegedly shoplifting at his home …… Criminal Court’s …/… E . …/… K. A lawsuit was filed under file number …, and as a result of the said lawsuit, the local court ordered his arrest on …/…/…, and the request for his release during the continuation of the investigation was rejected, ….. With the acceptance of the appeal against the decision of the Criminal Court, it was decided to evict the suspect, and then, in accordance with Article 5271 of the law, the suspect should be kept under judicial control by applying to the nearest police station and signing during working hours on Mondays once a week.ith the acceptance of the appeal against the decision of the Criminal Court, it was decided to evict the suspect, and then, in accordance with Article 5271 of the law, the suspect should be kept under judicial control by applying to the nearest police station and signing during working hours on Mondays once a week. (Oct – 1)
2-) Our client has just completed the age of 19 and lives with his elderly and in need of care mother. (Oct-2) As the economic situation of the family is extremely bad, the mother is unable to contribute to the livelihood of the house and lives in an economically dependent state to our client.
3-) For the reasons we have explained, if our client applies to the police station closest to his residence during working hours on weekdays and signs, a much greater mağduriyet will arise than the expected benefit.-) For the reasons we have explained, if our client applies to the police station closest to his residence during working hours on weekdays and signs, a much greater mağduriyet will arise than the expected) For the reasons we ha-)-) For the reasons we have explained, if our client applies to the police station closest to his residence during working hours on weekdays and signs, a much greater mağduriyet will arise than the expected benefit. Our client has barely found his current job, which may cause him to disrupt his work and perhaps lose it. For the reasons we have explained, we are appealing the judicial review granted against our client.
LEGAL REASONS : 5271 P. K. m. 101, 105, 115.
CONCLUSION AND REQUEST: For the reasons explained above, by objecting to the judicial review decision issued against our client, we request that your Supreme Court decide on the acceptance of our appeal.CONCLUSION AND REQUEST: For the reasons explained above, by objecting to the judicial review decision issued against our client, we request that CONCLUSION AND REQ
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