In cases where there is a risk in delaying the application of criminal sanctions against a person who is legally suspected or has committed a crime, it is one of the judicial control measures applied to the suspect or offender. In other words, it is a precautionary measure issued by the court instead of a court order, where there are grounds for arresting individuals suspected of committing a crime or found to have committed a crime, but an arrest warrant is required.
A travel ban abroad for suspects or offenders is a precautionary measure imposed before arrest, and there must be strong suspicion regarding the person’s flight status, and the removal of this suspicion must be proven. So, can the ban on leaving the country be lifted? Who can object to the ban on leaving the country? Which court has jurisdiction? Are there any Supreme Court decisions on this matter? Let’s look at the answers to these questions together.
Reasons for the Ban on Leaving the Country
Amendments made to the Constitution of the Republic of Turkey on September 12, 2010, with Law No. 5982, also included regulations regarding the ban on leaving the country. In this context, the ban on leaving the country, which had been imposed in previous years due to tax debts, has been lifted, and the ban on leaving the country can only be restricted based on a criminal investigation and prosecution and a court decision.
One of the most frequently asked questions on this subject is whether a person who has not completed their military service can travel abroad. It is worth reiterating that this situation was eliminated by the constitutional amendment referendum held on September 12, 2010, and that the ban on traveling abroad can only be restricted by a court decision in the event of a criminal investigation and prosecution.
Lifting the Ban on Traveling Abroad
This ban may be lifted at the request of the prosecutor and with the approval of the magistrate before criminal prosecution is initiated or during the prosecution phase after criminal prosecution has been initiated. The lifting of this ban is evaluated upon application.
The lifting of the ban on leaving the country can be requested by the suspect or defendant through an official application or through their lawyers. This application may vary depending on the authority that imposed the ban. If the ban was imposed as a result of an investigation, an appeal may be made to the judge; if it was imposed during the prosecution phase, an appeal may be made to the court.
The legislator has set a period of 7 days for lifting the ban on traveling abroad. Persons who do not appeal the ban within 7 days will not be able to appeal it later. For detailed information or assistance regarding the ban on traveling abroad, you can consult an experienced criminal lawyer who is an expert in this field.