What is the Judicial Control Measure? (CMK 109)
A judicial control decision is a criminal procedure measure that is applied instead of an arrest decision by putting a suspect or defendant under supervision despite the existence of reasons for arrest. Instead of an arrest measure, the judge releases the suspect or accused under supervision “on condition of judicial control”. A judicial control measure is a judicial decision of the suspect or accused, but by an administrative means (signing, prohibition of departure abroad, etc.) it ensures that it is taken under control. The judicial control measure can only be decided by the criminal court (CMK art.110).
Crimes that are prohibited from arrest in the Code of Criminal Procedure (CMK art.in terms of 100/4), the provisions of the judicial control measure may also be applied in crimes that require a prison sentence of less than 2 years, that is, the upper limit.
Arrest is the most severe measure of criminal procedure imposed on a person under suspicion of a crime. A judicial control measure is an alternative way to control a suspect or defendant in public life, provided that it is intended to prevent certain inconveniences that may result from arrest. In addition, provisions on judicial control may also be applied to those who have been released due to the expiration of the detention periods provided for in the laws.
Judicial control and probation should not be confused. The probation act is applied at the stage of execution of the finalized sentence. A judicial control measure, on the other hand, is applied while the trial is in progress, that is, at a stage when the punishment has not yet been finalized. Although the probation and judicial control measure are separate institutions, it is followed by the probation directorate, which causes the concepts to be confused in practice.
PETITION FOR APPEAL AGAINST THE JUDICIAL CONTROL DECISION
.……. TO THE CRIMINAL COURT JUDGE
suspicious :
TC IDENTIFICATION NUMBER :
address :
THE DEFENDER :
address :
THE ALLEGED CRIME : Theft
FORENSIC CONTROL
The decision
THE DATE OF ISSUANCE : …/…/…
SUBJECT : This is our Appeal against the Judicial Control Decision.
INSTRUCTIONS :
1-) About our client …/…/…/ the client ….e of the Criminal Court for the alleged theft of the house of …….. …/… K. a lawsuit has been filed with the numbered file and, as a result of this case, the decision of the local court on the date of his arrest, as well as the rejection of the request for his release during the continuation of the investigation ………. With the acceptance of the appeal against the decision of the Criminal Court to release the suspect, and then the days of the week Monday the suspect in accordance with Law No. 5271, within working hours to the nearest police station under control of residence and apply your signature, it was decided to cease to be named. (October – 1)
2-) Our client has just turned 19 and is residing with his elderly and in need of care mother. (ANNEX-2) The economic situation of the family is extremely poor, as well as the mother cannot contribute to the livelihood of the house, she lives in an economically dependent state for our client. October-2) The economic situation of the family is extremely bad for the family, and the mother cannot contribute to the livelihood of the house.
3-) For the reasons we have explained, there will be a much greater victimization than the benefit that our client is expected to apply to the police station closest to his residence during working hours on weekdays and sign. Our client has barely found his current job, which may cause him to disrupt his job and perhaps lose it. For the reasons we have explained, we object to the judicial control given about our client.
LEGAL REASONS : 5271 P. K. m. 101, 105, 115.
CONCLUSION AND REQUEST: For the reasons described above, we are appealing the judicial control decision issued about our client and requesting that your Supreme Court decide to accept our appeal. …/…/…
October: 1-…. An example of a Criminal Court file and a judicial control decision
2-Certificate of residence
3-An example of a certified power of attorney
Suspect Defense
Lawyer.
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