What is a Judicial Control Order?

Judicial Control Decision and Implementation Principles

Judicial control is a procedural measure in criminal proceedings that allows a suspect or defendant to be released under supervision instead of being arrested, even if grounds for arrest exist. This measure enables the judge to release the suspect or defendant under judicial control. Judicial control aims to keep the individual under supervision through administrative methods (e.g., signing in regularly, travel ban). According to the Code of Criminal Procedure, judicial control measures can only be decided upon by a criminal court (Article 110 of the Code of Criminal Procedure).

Judicial control measures may also be applied in crimes falling under the scope of the Code of Criminal Procedure (CMK Article 100/4), where arrest is prohibited. This applies to crimes where the maximum prison sentence is less than two years.

Arrest is the most severe criminal procedural measure applied to individuals suspected of committing a crime. Judicial supervision, on the other hand, is an alternative aimed at minimizing the negative effects of arrest and monitoring the suspect or defendant in social life. Furthermore, judicial supervision provisions may also apply to individuals released due to the expiration of the legally defined periods of detention.

Judicial control measures and probation should not be confused. Probation is applied during the execution phase of the sentence, while judicial control is applied during the trial process, that is, before the sentence is finalized. Probation and judicial control are separate institutions, but in practice, the concepts can be confused because they are monitored by the probation directorate.

What are judicial control measures?

A suspect or defendant placed under judicial supervision may be subject to various obligations. The criminal court must clearly state in its decision how the judicial supervision will be implemented. Judicial supervision may take the form of fulfilling an obligation (e.g., signing in) or refraining from fulfilling an obligation (e.g., not going to certain places).

According to the Code of Criminal Procedure, the suspect or defendant may be subjected to the following judicial control measures by the court (Article 109/3 of the Code of Criminal Procedure):

– Travel Ban: A measure preventing the suspect or defendant from leaving the country. This decision is communicated to all exit points (airport, customs) via the UYAP system.
– Signature Requirement: Obligation to sign regularly at designated locations and times.
– Compliance with Calls of Specific Individuals: Compliance with calls from judges or public prosecutors and control measures related to professional or educational matters.
– Driving Restriction: Prohibition from driving or the obligation to surrender a driver's license when necessary.
– Treatment or Examination: Treatment or examination in a hospital to overcome drug, stimulant, or alcohol addiction.
– Bail: Payment of a specified amount in a single payment or in installments.
– Weapon Carrying Ban: Prohibition from possessing or carrying weapons and surrendering existing weapons to judicial custody.
– Family Obligations: Regular payment of legal obligations such as alimony.
– Retention in Specific Areas: Not leaving a specific residence or region.

Electronic Ankle Monitoring and Judicial Control

In addition to judicial control measures, electronic ankle monitors may also be used (Probation Regulations). In this case, the areas required for judicial control are determined, and an electronic ankle monitor is fitted to the suspect or defendant. If the electronic ankle monitor is removed, the system triggers an alarm, and this is considered a violation of the judicial control order. If the ankle monitor is removed or the person leaves the designated area, they may be arrested.

The Court that Issued the Judicial Control Order

Judicial control orders can be issued during both the investigation and prosecution phases (Code of Criminal Procedure, Article 110).

– During the Investigation Phase: Upon the request of the public prosecutor, the magistrate may order judicial supervision of the suspect. The magistrate cannot order judicial supervision on their own initiative if there is no request from the prosecutor.
– During the Prosecution Phase: The court conducting the trial has the authority to order judicial supervision measures. These courts may include the criminal court of first instance, the high criminal court, and other specialized courts.

Appealing and Lifting the Judicial Control Order

An appeal may be filed against a judicial control order (Article 111/2 of the Code of Criminal Procedure). Upon the request of the suspect or defendant, and after obtaining the opinion of the public prosecutor, the judge or court may decide to lift the judicial control measure within five days. The content of the judicial control may be changed, or some obligations may be temporarily lifted.

The appeal period is 7 days from the date the decision is given in person, or, if given in absentia, from the date of notification.

Violation of Judicial Control Conditions and Their Consequences

A suspect or defendant who fails to comply with the terms of judicial supervision may be ordered arrested, regardless of the duration (Article 112 of the Code of Criminal Procedure). Furthermore, in cases of breach of judicial supervision, the court may change the form of judicial supervision or decide to continue it instead of issuing an arrest warrant.

Individuals arrested for violating judicial control measures may have exceeded the maximum detention period. In this case, the detention period cannot exceed nine months in high criminal courts and two months in other cases (Code of Criminal Procedure, Article 112/2).

Release on Bail

Bail allows a suspect or defendant to be placed under judicial supervision on the condition that they provide certain guarantees (Article 113 of the Code of Criminal Procedure). The suspect or defendant is obliged to provide bail in exchange for guaranteeing participation in procedural actions and fulfilling obligations. The guarantee should be determined in a way that covers various payments such as damages, expenses, and penalties.

Judicial Control During Investigation and Prosecution Phases

A judicial control order issued during the investigation phase does not automatically continue when the case moves to the prosecution phase. During the prosecution phase, the court must make a decision regarding the continuation of the judicial control measure. Otherwise, the judicial control measure is automatically lifted.

 Arrest of a Person Released on Judicial Control Conditions

A person released under judicial supervision may be re-arrested upon the objection of the public prosecutor. Furthermore, a person who fails to comply with the terms of judicial supervision may also be arrested (Article 112/1 of the Code of Criminal Procedure). A person who fulfills their judicial supervision obligations cannot be arrested.

Appealing a judicial control order is a legal remedy that must be pursued with the assistance of a lawyer.