In Turkish criminal law, pre-trial detention is considered an exceptional measure. When detention is not deemed strictly necessary, courts may apply judicial control measures—a form of conditional release intended to monitor and limit a suspect’s actions while the investigation or trial proceeds. These alternatives, governed by Article 109 of the Turkish Criminal Procedure Code (CMK), play a critical role in balancing the state’s need for justice and the individual’s right to liberty.
At ER&GUN&ER Law Firm, our criminal defense team has extensive experience in preventing arrests by requesting judicial control instead of detention. Our English Speaking Turkish Lawyers prepare structured objections to arrest warrants, draft precautionary proposals, and manage all interactions with the criminal courts and public prosecutors. As the best lawyer firm in Turkey for strategic defense in white-collar, drug, and public order offenses, we protect our clients’ freedom without compromising the integrity of the legal process.
Legal Definition and Purpose of Judicial Control
Judicial control is a legal status that restricts certain freedoms of a suspect during a criminal investigation or trial without placing them in pre-trial detention. It serves as a middle ground—allowing the prosecution to monitor the accused while avoiding the harsh consequences of incarceration.
CMK Article 109 provides that judicial control may be applied if the requirements for arrest exist, but detention is not proportionate. The court must assess:
- Flight risk
- Risk of tampering with evidence
- Risk of reoffending
- Risk of intimidating witnesses or victims
Our Turkish Law Firm argues that these risks can be neutralized through targeted control measures instead of imprisonment—especially for foreigners, first-time offenders, or corporate executives who pose no actual threat to the proceedings.
Types of Judicial Control Measures in Turkey
Turkish courts may impose one or more of the following restrictions under CMK 109:
- Travel ban (yurt dışı çıkış yasağı): Prohibits the suspect from leaving Turkey during trial
- Police signature duty (imza yükümlülüğü): Requires regular check-ins at the nearest police station
- Electronic monitoring: GPS ankle bracelets or home confinement (rare but increasing)
- House arrest: Confines the suspect to their residence unless permission is granted
- Ban on contacting certain persons: Especially in assault or sexual crimes
- Suspension from profession or duty: Used for public officials or regulated professionals
Our English Speaking Turkish Lawyers prepare defense statements proposing specific alternatives that minimize disruption while satisfying the court’s security concerns.
Application Procedure and Strategic Timing
Judicial control can be requested:
- By the prosecutor, before filing charges
- By the criminal judge of peace during detention review
- By defense counsel as part of an objection to arrest
We submit detailed defense petitions, including passport surrenders, financial guarantees, and professional references to establish that the client is low-risk. Our proactive approach helps avoid overnight detention or custody extension and gives our clients more control over their defense timeline.
Judicial Control Measures for Foreign Nationals
Foreigners accused of crimes in Turkey often face disproportionate detention due to perceived flight risk. However, judicial control offers a balanced alternative. For international clients, we frequently secure the following options:
- Voluntary passport surrender combined with travel ban
- Electronic signature records instead of in-person police check-ins
- Use of embassy letters or consular guarantees
- Home confinement orders monitored remotely
Our Turkish Law Firm tailors arguments for each client’s residence status, visa history, family connections in Turkey, and professional credibility to reduce the presumption of flight risk and avoid unnecessary incarceration.
Duration and Termination of Judicial Control
Judicial control does not last indefinitely. It must be:
- Reviewed periodically by the judge during trial
- Lifted when the justification for detention no longer exists
- Replaced with lighter measures if risk level decreases
According to CMK Article 110, a formal application may be submitted by defense counsel to request the removal of judicial control at any stage. We file legal petitions for removal, citing compliance records, passage of time, and changes in circumstances.
Consequences of Violating Judicial Control Orders
Non-compliance with court-imposed obligations (e.g., failing to report to police or violating a travel ban) may result in:
- Revocation of judicial control
- Immediate arrest and pre-trial detention
- New criminal charges under CMK Article 112
Our English Speaking Turkish Lawyers advise clients on how to comply with orders, manage unavoidable absences, and communicate changes to the court to prevent enforcement actions.
Internal Legal Resources
- Criminal Defense for Foreign Nationals in Turkey
- White Collar Crime Strategy in Turkey
- Pre-Trial Detention Law in Turkey
- Appealing Criminal Judgments
- Interpol Red Notice and Turkish Defense Strategy
FAQ: Judicial Control in Turkish Criminal Law
- Q1: What is judicial control in Turkey?
It is a set of legal restrictions imposed instead of arrest, such as travel bans or police check-ins. - Q2: Who decides whether judicial control applies?
The criminal judge of peace, usually upon request by the prosecutor or defense lawyer. - Q3: Can I leave Turkey under judicial control?
No, if a travel ban is imposed. Violating it may lead to arrest. - Q4: Can judicial control be removed?
Yes, by petitioning the court. Good behavior and time passage help. - Q5: Is judicial control better than arrest?
Yes. It allows you to stay free and prepare your defense while complying with legal obligations. - Q6: Can a foreigner be under judicial control?
Yes. In fact, it is often the only alternative to long pre-trial detention for foreigners. - Q7: Does police know I’m under control?
Yes. Your name is entered into a nationwide system accessible to law enforcement. - Q8: What if I miss a signature date?
Inform your lawyer immediately. A valid excuse must be submitted, or a warrant may be issued. - Q9: Can I work or do business under judicial control?
Usually yes, unless explicitly prohibited. - Q10: How can a Turkish Law Firm help?
We negotiate your release terms, monitor your compliance, and file all necessary motions to modify or remove restrictions.
Secure Pre-Trial Freedom with Judicial Control Defense Strategy in Turkey
Being accused of a crime in Turkey does not automatically mean you must be detained. Judicial control offers a vital alternative to incarceration—and when negotiated strategically, it enables clients to live, work, and defend themselves freely during trial.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers prepare case-specific motions for judicial control, prevent arrest, and represent clients before judges across Turkey. With deep knowledge of criminal procedure, we deliver results that protect liberty, reputation, and procedural fairness—without compromise.